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Cri. Bail Application No. 1284 / 2020
Shrikant Surendra Singh
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through P.I. Adgaon P.Stn.
(Cr. No. I 246/2020)
..

Respondent.

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 anticipatory bail in
Crime No.I 246/2020 registered at Adgaon Police Station for the offences
punishable under section 354 & 506 of the Indian Penal Code.
2.

According to the prosecution case, the FIR was lodged by the
complainant/victim on 15.09.2020 alleging therein that she is staying in
Nashik since 2013 and was pursuing studies in KTHM College. During
that period, she became acquainted with the applicant who was running
parcel point at Marathon Chowk, Pandit Colony, Nashik. In 2018, she
joined service and used to stay as a Paying Guest at Gangapur Road.
During the period from 2013 to 2019, she used to take tiffin from the
applicant. Further,due to their acquaintance, the applicant has taken
handloan of Rs.1 lac from her with the assurance to return the same at the
earliest. Soon she demanded the money but he started avoiding her. The
complainant further says that in the month of August’ 2019, she has taken
his vehicle to go to Upadhye College, at that time, he also accompanied
her. He sat behind her on the vehicle. When she was driving the vehicle,
the applicant put his hand around her waist and also touched her breast.
She got annoyed and abused him. Thereafter, she left the vehicle and
went away. The applicant continuously started following her. He started
sending messages on What’s App and Face book. The complainant showed
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disinterest in him despite he continued to follow her. Left with no option,
she blocked him. As the applicant was not ready to listen, she went to
Nashik City/Adgaon Police Station and lodged the report.
Based on her statement, the FIR / Crime was registered
against the applicant/accused. The applicant/accused is apprehending his
arrest at the hands of the police. So, he filed the present application for
his protection / anticipatory ball.
3.

The learned counsel Mr. S.M. Bodke appearing for the
applicant/accused has argued that he has been falsely implicated in this
case.

The learned counsel says that the victim/complainant used to give
money on interest. He has also taken money from her and also repaid the
entire amount. But she was after him claiming additional interest. He
refused to pay the amount further. On 21.01.2020 she alongwith one
Gunda came to his house and illegally demanded money. He was
threatened and his vehicle was forcefully take by them. So, on 14.07.2020
he lodged complaint before the Police Commissioner, Nashik.

She was
apprehending prosecution at his hands and so she made a concocted story
and lodged false report against him. The learned counsel further says that
the applicant is ready to cooperate with the investigation. He has no
criminal antecedents and law abiding citizen.

Hence, he prays for
allowing the application. He has filed on record the copy of the complaint
filed before the Police Commissioner, Nashik, dated 14.07.2020, copy of
the bond regarding the money transaction and copies of notices issued by
the victim etc.
4.

The Investigating Officer has filed his Say at Exh8 and
strongly opposed the application stating that the applicant has committed
serious offence of sexually assaulting the victim by outraging her modesty.
If the applicant is released on bail there is a possibility that he may threat
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the complainant/victim and tamper the prosecution witnesses / evidence.
He will not cooperate the investigation. Hence, he prays for rejection of
the application. The learned APP Smt. Bhide submitted that there are
specific allegations of outraging the modesty of the victim/complainant by
the applicant. There is a possibility that he may threaten the prosecution
witnesses and hence, prayed for rejection of the application.
5.

After hearing both the sides and perusing the record, it
appears that there was a money transaction between the parties. The
applicant has lodged report before the Police Commissioner, Nashik, prior
to filing of the FIR by the victim. As the relationship between the parties
are strained, the possibility of false implication cannot be ruled out.
Considering the nature of the offence, character of evidence and
prescribed punishment,I am inclined to grant bail to the applicant/accused
on the following terms & conditions. With this I proceed to pass following
order. :
ORDER
1.

Application is hereby allowed.

2.

In the event of arrest, Applicant/Accused – Shrikant
Surendra Singh shall be released on bail on furnishing
his P.R.bond of Rs.15,000/­ with one surety in the like
amount on the following conditions. :­
He shall ­
not act in manner injurious to the interest of the
prosecution.
maintain law and order.
furnish the address of his residence, copy of
Pan and Adhar card at the time of execution of
bond and shall not change the residence without
prior permission of this Court.
If the applicant commits breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.

(a)
(b)
(c)
3.

Sandhya
Sunil Nair
Date : 05.10.2020.

Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.08
14:15:06 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge­2, Nashik.