1
Cri.B.A.No.727/22OrderEx.1.
Order below Exh.1 in Bail Application No. 727/2022
1/
Sandip Rajaram Pangare
& 1.
..
Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Harsul Police Station, Harsul.
(Cr. No.I 70/2022)
..
Prosecution
Order below Exh.4.
1.
This
application
has
been
filed
by
the
applicants/accused under section 438 of Cr.P.C. for releasing
them on anticipatory bail in the event of their arrest in the
aforesaid Crime registered at Harsul Police Station, for the
offence punishable under section 354, 323, 504, 506 of the Indian
Penal Code and accordingly, interim protection was granted to
applicants by this Court on 10.06.2022.
2.
It is the case of the prosecution that the applicants are
involved in the offence of outraging modesty of the informant.
3.
Ld. Advocate for the applicants has produced xerox
copy of the report.
There is mention in the report that present
applicants were present at the spot and the allegations are
2
against other accused.
Cri.B.A.No.727/22OrderEx.1.
Thus, prima facie involvement of the
applicants, in the alleged offence, is found to be in cloud.
Now,
investigating officer has filed say but there is no any substantial
ground mentioned therein to reject the application.
It is
apparent that the applicants have cooperated the investigation.
4.
In respect of the offence of outraging modesty law is
settled as follows “In regard to the allegations of assault or criminal
force with intent to outrage her modesty and intimidation as envisaged
under Secs. 354A, 504 and 506 read with Sec. 34 of IPC, custodial
interrogation of the applicant is not necessary for the sake of
investigation.”
5.
The ld. Advocate for the Applicants submitted that the
applicants are the reputed person.
They have no criminal
antecedents. Therefore, considering all these aspects, this Court
is of the view that interim relief granted to the applicants should
be confirmed. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed subject to
following conditions.
a] That the applicants shall make themselves
available for interrogation by the Investigation
Officer as and when required under written
intimation.
3
Cri.B.A.No.727/22OrderEx.1.
b] The applicants shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 17.06.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.17
17:34:16 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.