Santosh Somnath Charoskar Vs State of Maharashtra Nashik Sessions Court

1
Cri.BailAppln.No.1047/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1047/ 2022
Santosh Somnath Charoskar
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Satpur Police St.
Nashik. (Cr. No. 196/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused Santosh Somnath Charoskar
claims bail in C.R. No. 196/2022 for the offences punishable under
Sections 376, 442 of the Indian Penal Code and under Sections 4 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. Smt. Jadhav for the State. The informant
alongwith Victim also present before the Court and resisted the
application by filing her say vide Exh.8. Perused the papers of
investigation.

3.

It is the case of the prosecution that the applicant has
induced minor victim and sexually exploited her.

4.

On perusal of record, it reveals that the applicant is a
young boy of 20 years old. Victim is 15 years old. Both of them were
acquainted with each other and they were residing in the same
2
vicinity.

Cri.BailAppln.No.1047/22­Ex.1
It reveals from the report that the incident revealed on
16.08.2022 when brother of informant has seen the applicant and
victim in a compromising position.

It is the contention of applicant
that the applicant and victim had love­affair.

There are no any
allegations that the applicant acted violently against the minor victim.
Investigating officer has mentioned in his say that the statement of
the victim is to be recorded u/s. 164(5) of Cr.P.C. There is no any
reason mentioned in the report as to why it was not recorded
immediately.

5.

Howsoever it may be, it reveals from record that applicant
came to be arrested on 16.08.2022. There is no any recovery or
discovery as such remained from the applicant.

According to ld.

Advocate for the applicant, the applicant has no criminal antecedents.
He is a local resident and 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 Somnath Charoskar
arrested in C.R. No. 196/2022 for the offences
punishable under Section 376, 442 of the I.P.C.
and under Sections 4 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 :­
3
Cri.BailAppln.No.1047/22­Ex.1
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.
c] Applicant is directed to furnish his permanent
address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 05.09.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.09.06
10:56:23 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.