CNR MHNS010054252020
Order below Exh.1 in Cri. Bail Application No.1835/2020.
1 Sannu Sona Raju Wakekar
2 Raju @ Amar Chhagan Wakekar
Vs. State
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.
2.Brief facts giving rise to this application can be narrated as follows.
The applicants came to be arrested on 17/12/2020 in Crime No. 296/2017 for the offence punishable under sections 363, 365, 366, 366A, 3762 (I), 3762(j), 3762(n) of the Indian Penal Code and under Section 4,8,17 of the Protection of Children From Sexual Offences Act registered with Adgaon Police Station, Nashik on the accusation that on 26/12/2017, the applicantsaccused kidnapped the minor daughter of informant and further compelled her to marry with accused No. 3 who committed aggravated penetrative sexual assault on her and thereby committed offence.
3.The applicants contend that they have not committed any offence as alleged by the prosecution. There is nothing on record to show their involvement in the commission of offence. They are behind bar from the date of their arrest. Nothing is to be recovered or discovered from them. Therefore, their further detention is not necessary for the purpose of investigation. They are having permanent place of abode and roots in the society. They are ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, they have prayed for bail pending trial.
4.The respondent State filed its reply and interalia denied all the adverse allegations made by the applicants and reiterated prosecution case. There is primafacie sufficient material on record to show the involvement of the applicants in the commission of the offence. Investigation is in progress. If the accused are released on bail, they may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.
5.Heard learned advocate Mr. Kale appearing on behalf of the applicants and learned A.P.P. Smt. Sangle. I have also perused the investigation papers made available by the Investigating Officer.
The Investigating papers primafacie show the active participation of applicants in this crime. The allegations against the applicants are well founded. The scope of investigation appears to be very wide.
In order to carry out proper investigation, custodial interrogation of the applicants appears to be necessary. Investigation is at crucial stage. Coaccused are yet to be arrested. Offence is serious in nature. If the applicants are released on bail, there will be hurdle in further investigation. Considering the nature and gravity of accusations, I am of the opinion that the applicants have not made out the case for grant of bail. With this, I proceed to pass the following order.
O R D E R
Application stands rejected.
( Smt. S.C. Jadhav ) 6th January, 2021. Additional Sessions Judge 8, Nashik.