1
Cri.BailAppln.No.641/22Ex.1
Order below Exh.1 in Cri. Bail Application No.641/ 2022
Soham Pravin Wanmali
.. Applicant
Accused.
Vs.
The State of Maharashtra
through PI Indira Nagar Police St. .. Respondent.
Nashik. (Cr. No. I 68/2022)
Order below Exh. 1
1.
The
applicant/accused Soham Pravin Wanmali
claims bail in C.R. No. I68/2022 for the offences punishable
under Section 354B, 354D, 385, 506 of the Indian Penal Code
and u/s. 8 and 12 of POCSO Act registered with Indira Nagar
Police Station, Nashik.
2.
Heard Learned Advocate Shri R.J.Kasliwal, for the
applicant and learned A.P.P. Smt. Sangale for the State and also
the father of minor Victim. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant has
sexually
harassed
the
minor
victim
by
way
of
mobile
communication.
4.
Ld. Advocate for the applicant submitted that
applicant is well educated person (BCA). He used to chat with
victim. He never committed any act to outrage modesty of minor
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Cri.BailAppln.No.641/22Ex.1
victim. After the arrest, mobilephone of the applicant is seized.
Nothing remains to recover from the applicant.
Charges
levelled against the applicant are not infact applicable as per
the facts in the report. Applicant is a young boy of 22 years old.
Therefore, ld. Advocate for the applicant submitted that he be
released on bail.
5.
Per contra, ld. APP submitted that the applicant has
committed a very serious offence against the minor victim.
The
offence revealed when mother of the victim checked mobile
phone of the victim. Till then, victim was under pressure due to
threat extended by applicant to her.
He compelled her to do
obscene acts i.e. to unrobe herself and he also used to unrobe
himself infront of her.
Due to such consistent harassment,
victim was compelled to act as per the wish of applicant. Now,
investigation is at premature stage.
Applicant is master of
computer knowledge.
It is necessary to extract all the
information from him.
Therefore, he is not entitled for grant of
bail.
6.
On perusal of record, it reveals that there are specific
allegations with the contents of messages sent by applicant to
the minor victim.
Such contents of the messages clearly
indicate pervert mind of the applicant. His such an act was just
to suffice his lust.
He has used minor victim as an easy prey.
IO has seized mobilephone of the applicant.
Many other
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contacts and obscene messages are found in his mobilephone,
sent to various ladies also.
There is possibility that other
victims may reveal through the investigation in this crime.
Considering the age of victim to be minor, consent or positive
response on her part would be immaterial. Offence is committed
through electronic media.
complicated.
Investigation of the same is quiet
Thorough investigation is required to be done.
Considering all these aspects, this Court is of the view that
applicant is not entitled for the relief claimed. Hence, the order.
:: O R D E R ::
1]
The application (Exh.1) stands rejected.
2]
Inform concerned PSO accordingly.
ADITEE
UDAY
KADAM
Nashik.
Date : 16.06.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.17
11:29:47 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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