1 Cri.B.A.No.1140/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 1140/2022

Shubham @ Sopan Vitthal Palde .. Applicant/ Accused.

Vs.

The State of Maharashtra through Police Inspector, Deolali Camp Police Station, Deolali Camp. (Cr. No.I 101/2022) .. 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 Deolali Camp Police Station, Deolali Camp for the offence punishable under sections 354, 506 of the Indian Penal Code and u/s. 11 & 12 of POCSO Act and 3(1)(w) & 3(2)(va) of the SC & ST (Prevention of Atrocities) Act.

2.Heard learned Advocate Shri S.V.Kadbhane for applicant and learned APP Smt. Sangale for the prosecution. Informant/victim is present before the Court and filed her say. Perused the FIR.

3.It is the case of the prosecution that the applicant has outraged the modesty of minor victim and threatened her.

4.On perusal of record, it reveals that the incident occurred on 06.09.2022 at about 12.00 hrs. but then, report came to be lodged on 07.09.2022. There are specific allegations against the applicant that, he used to follow the minor victim and that he has threatened the minor victim. Prima facie concern of the applicant with offence is thus, clear.

5.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. ”

6.Howsoever it may be, the report filed by the investigating officer reflects that applicant came to be arrested on 08.09.2022. There is no recovery or discovery as such remain from the applicant.

The ld. Advocate for the Applicant submitted that the applicant do not have criminal antecedents. He is a young boy of 24 years old. He is a permanent local resident. Therefore, considering all these aspects, this Court is of the view that applicant can be granted bail. Hence, the order.

::O R D E R::
1] The application ( Exh. 01) is allowed.

2] Applicant­Accused Shubham @ Sopan Vitthal Palde arrested in C.R. No. 101/2022 for the offences punishable under 354, 506 of the Indian Penal Code, u/s. 11 & 12 of POCSO Act and under Sections 3(1)(w) & 3(2) (va) of the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act registered with Deolali Camp Police Station, Deolali Camp 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 :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.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.21 11:35:15 – 0600 Nashik (Aditee U. Kadam) Date : 19.09.2022. Additional Sessions Judge­2, Nashik.