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Cri.BailAppln.No.1343/22Ex.1
Order below Exh.1 in Cri. Bail Application No.1343/ 2022
Sangosh Gajanan Gatade
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Satpur Police St.
Nashik. (Cr. No. 258/2022)
.. Respondent.
Order below Exh. 1
1.
The applicant/accused Santosh Gajanan Gatade claims
bail in C.R. No. 258/2022 for the offences punishable under Sections
363, 376 of the Indian Penal Code under Sections 4 & 6 of the
POCSO Act registered with Satpur Police Station, Nashik.
2.
Heard Learned Advocate Shri A.S.Mahajan for the
applicant and learned A.P.P. Shri.Kotwal for the State. Perused the
papers of investigation.
3.
It is the case of the prosecution that the applicant induced
victim on false promise of marriage, kidnapped her and sexually
exploited her.
4.
On perusal of record, it reveals that the victim is 16 years
old. Missing report reflects that on 17.10.2022 victim left her house on
her own at about 8.00 a.m. In the evening her family members tried to
call her but she did not receive any call. They took search of her but
she was not found. Therefore, on next day i.e. on 18.10.2022 report is
lodged. Victim was trace out and applicant/accused came to be
apprehend on 24.10.2022. Ld. Advocate for the applicant submitted
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Cri.BailAppln.No.1343/22Ex.1
that the applicant and victim were engaged in love affair. Victim
insisted to go with applicant due to fear of her parents. Victim was
present in the court she has also stated that she eloped with applicant
out of love affair. There are no allegations as to violent act committed
by applicant against the victim. Applicant is a young boy of 25 years
old.
5.
Howsoever it may be, record reflect that applicant came to
be arrested on 24.10.2022. Now, there is no any recovery or discovery
as such remain from the applicant. Physical custody of applicant is
thus no more required for investigation. According to ld. Advocate for
the applicant, the applicant has no criminal antecedents. He is ready
to abide any conditions on grant of bail.
Considering all these
aspects, this Court is of the view that applicant can be released on bail
by imposing certain conditions. Hence the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused Santosh Gajanan Gatade
arrested in C.R. No. 258/2022 for the offences
punishable under Sections 363, 376 of the
Indian Penal Code under Sections 4 & 6 of the
POCSO Act registered with Satpur Police
Station, Nashik be released on bail in the sum of
Rs.15,000/(Rupees Fifteen Thousand only) with
a surety in the like amount subject to following
conditions :
a] That he shall not tamper with the prosecution
evidence in any manner.
b] Applicant is directed not to enter the
area/vicinity where the victim resides till end of
trial.
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Cri.BailAppln.No.1343/22Ex.1
c] Applicant is directed to furnish his permanent
address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 03.11.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.10
11:08:27 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.