1
Cri.B.A.No.542/2022­Ex.1.

Order below Exh.1 in Cri. Bail Appln. No. 542/2022
Shivaji Suresh Salve
..

Applicant/
Accused.

Vs.

The State of Maharashtra
through Police Inspector,
Mumbai Naka Police Station, Nashik.
(CR. No.I 108/2022)
..
Prosecution
Order below Exh.1.
1.

This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Mumbai Naka Police Station, Nashik for
the offence punishable under section 376(n), 376(A)(B) of IPC & 4, 8,
12, 13, 14, 16 and 18 of POCSO Act .
2.

According to the prosecution, the FIR was lodged by the
mother of the Victim on 18.04.2022 alleging therein that the
applicant­accused had sexually assaulted her minor children by
showing
them
blue
films
and
touching
their
private
parts
inappropriately and also forced them to touch his genitals. Thus, the
applicant­accused with sexual intent had committed sexual assault
on the minors.

Accordingly, she lodged report with police station
and based on her report, crime was registered against the accused
and he was arrested on 18.04.2022 and since then, he is in judicial
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Cri.B.A.No.542/2022­Ex.1.

custody.

3.

The learned counsel Smt.Manisha Mehta appearing for
the applicant/accused has argued that the applicant is innocent and
has not committed any offence. She further says the complainant was
live in relationship with the applicant and her children were involved
in sexual activities. The applicant informed her about her children ,
she got annoyed and falsely implicated him in the false case. Further,
the applicant came to know that complainant was still in touch with
her husband, he questioned her resulting in quarrel between them.
Hence she implicated him in the case. Further, the
applicant is
suffering from Cancer. The investigation is almost at the fag end.
Nothing remains to be seized. Hence, she lastly prayed that applicant
be released on bail.

4.

The ld. APP Smt. Sangale has strongly opposed the
application by stating that the offence is serious in nature and
applicant committed heinous act against the minors.

If the applicant
is released on bail, there is every possibility that he may tamper with
the witnesses and would not obey the terms and conditions.

Hence,
prayed for rejection of the bail.

The investigating officer has filed reply at Exh.5 and
strongly opposed the application on
similar grounds.

The
complainant appeared before the Court and filed her reply at Exh.6
strongly opposing the application.

5.

After hearing both the sides it appears that the offence is
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Cri.B.A.No.542/2022­Ex.1.

serious in nature. He was doing heinous act with the minor children.
The investigation is still in progress.

Considering the nature of act,
I am not inclined to release the applicant on bail. Hence, following
order.
Order
Application stands rejected.

Date : 21.05.2022.
I/C
( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.
Addl. Sessions Judge­2, Nashik.