1
Cri.B.A.No.865/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 865/2022
1/­
Sarfaraj Imtiyaz Shaikh
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Bhadrakali Police Station, Nashik.
(Cr. No.I 189/2022)
..

Prosecution
Order below Exh.1.

1.

This
application
has
been
filed
by
the
applicant/accused under section 438 of Cr.P.C. for releasing him
on regular bail in the aforesaid Crime registered at Bhadrakali
Police Station, for the offence punishable under section 354, 354­
D(1),(2), 341, 352, 504, 506 of the Indian Penal Code and u/s. 12
of the POCSO Act.
2.

Heard Learned Advocate Shri A.K.Kale, for the
applicant and learned A.P.P. Smt. Jadhav for the State. IO is
present. The intervenor is also present. Perused the papers of
investigation.

3.

It is the case of the prosecution that applicant
frequently followed the victim and outraged her modesty.

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4.

Cri.B.A.No.865/22­Order­Ex.1.

The ld. Advocate for the applicant submitted that the
report reflects that applicant and informant are acquainted with
each other. There was some quarrel between the parties and
thereby NC was registered vide No.551/2022 against the father
and other relatives of informant. One more NC was registered by
the relatives of informant against the applicant in Mumbai Naka
Police Station.

As such there is case and cross­case pending
between the parties. False implication cannot be ruled out.
5.

Howsoever it may be, it reveals from record, applicant
came to be arrested on 07.07.2022. There is no any recovery or
discovery as such remained from the applicant.
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.”
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. He is a young
boy of 20 years old. Considering all these aspects, this Court is of
the view that applicant can be released on bail by imposing
certain conditions. Hence the order.

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Cri.B.A.No.865/22­Order­Ex.1.

:: O R D E R ::
1]
The application is allowed.

2]
Applicants­Accused
Sarfaraz
Imtiyaz
Shaikh arrested in C.R. No. I­189/2022 for
the offences punishable under Section 354,,
354­D(1),(2), 341, 352, 504, 506 of the I.P.C.
and under Section 12 of the POCSO Act
registered with Bhadrakali Police Station,
Nashik be released on bail in the sum of
Rs.15,000/­(Rupees Fifteen Thousand only)
each with a surety in the like amount subject
to following conditions :­
a] That he shall not tamper with
prosecution evidence in any manner.

the
b] Applicant is directed not to enter the
area/vicinity where the victim resides till end
of trial.
c] Applicant is directed to furnish their
permanent address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 14.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.15
14:53:30 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.