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Cri.BailAppln.No.684/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.684/ 2022
Sham Pundlik Khotare
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Harsul Police St.
(Cr. No. I 88/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Rahul Bajirao Pawar claims
bail in C.R. No. I­55/2022 for the offences punishable under
Sections 376 & 306 of the Indian Penal Code and under Sections
4, 8 & 12 of the POCSO Act registered with Harsul Police
Station.

2.

Heard Learned Advocate Shri G.L.Bodake, for the
applicant and learned A.P.P. Shri Nikam for the State. Perused
the papers of investigation.

3.

It is the case of the prosecution that applicant had
sexually exploited minor victim and thereby made her pregnant.
Thereafter, applicant has not responded to the call by the victim
and her parents. Due to he is reluctant, victim got frustrated
and committed suicide by consuming poison.
4.

The ld. Advocate for the applicant submitted that the
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Cri.BailAppln.No.684/22­Ex.1
victim was at the verge of majority. They had love­affair. Only
because applicant become late to approach the victim, she has
committed suicide.

He has no concern with her suicide. He
came to be arrested on 11.05.2022.
about complete.

Now, investigation is near­
There is no need to languish the applicant
behind bar and therefore, he be released on bail.
5.

Per contra, ld. APP resisted the application with the
contention that the offence allegedly committed by the applicant
is very much serious and heinous in nature.

Prima facie
concerned of the applicant with the alleged offence is quiet
admitted. Therefore, applicant is not entitled for bail.
6.

On perusal of record, it reveals that there are specific
allegations against the applicant.

Medical papers including
inquest panchanama, PM report indicate that the victim was
pregnant and cause of death was due to consumption of
poisonous substance.

Admittedly, victim had love­affair with
the applicant and when her pregnancy was revealed, applicant
was called for marriage talk.

But neither applicant nor his
parents turn up to proceed with the marriage talk. Such conduct
was not only humiliating but also dragged the victim to take
extreme steps to end up her life. At this stage, investigation is
not complete.

Offence allegedly committed by the applicant is
very much serious in nature. Punishment prescribed under the
law for the said offence is upto life imprisonment.

Apparently,
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Cri.BailAppln.No.684/22­Ex.1
victim was minor at the relevant time.
relations would be immaterial.

Her consent for sexual
In such circumstances, if the
applicant would be released on bail at this stage, he may
pressurize the prosecution witnesses and tamper with the
prosecution evidence.

Therefore, this Court is of the considered
view that applicant is not entitled for the relief claimed. Hence,
the order.
Order
1/­
Application (Exh.1) stands rejected.

2/­
Informed Investigating Officer accordingly.
ADITEE
UDAY
KADAM
Nashik.
Date : 07.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.09
13:19:15 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.BailAppln.No.684/22­Ex.1