1 Cri.BailAppln.No.1187/22­Ex.1 Order below Exh.1 in Cri. Bail Application No.1187/ 2022

Sohel Khajawali Shaikh .. Applicant Accused.

Vs.

The State of Maharashtra through PI Satpur Police St. .. Respondent. Nashik. (Cr. No. 221/2022)

Order below Exh. 1

1.The applicant/accused Sohel Khajawali Shaikh claims bail in C.R. No. 221/2022 for the offences punishable under Sections 363, 376, 368 r/w. 34 of the Indian Penal Code and under Sections 4 of the POCSO Act registered with Satpur Police Station, Nashik.

2.Heard Learned Advocate Shri R.S.Nagare, for the applicant and learned A.P.P. Smt. Sangale for the State. The informant alongwith her learned Advocate Shri Kasliwal also present before the Court and resisted the application. Perused the papers of investigation.

3.It is the case of the prosecution that the applicant kidnapped the minor victim and committed rape upon her.

4.On perusal of record, it reveals that missing report is lodged by the mother of victim. The said report reflect that the victim left her house might be at late hours on 07.09.2022 i.e. before morning of 08.09.2022. She has left her house on her own. She was found in the custody of applicant. Learned Advocate for the applicant submitted that the victim and applicant eloped out of love­affair. Age of the victim is more than 17 years and applicant is 21 years old.

There are no allegations that applicant acted violently against the victim.

5.Howsoever, it may be record reflect that applicant came to be arrested on 20.09.2022. Now, there is no any recovery or discovery as such remain from the applicant. According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is ready to abide any conditions on grant of bail. Co­accused are released on bail.

Considering all these aspects, this Court is of the view that applicant can be released on bail by imposing certain conditions. Hence the order.

:: O R D E R ::
1] The application is allowed.

2] Applicant­Accused Sohel Khajawali Shaikh arrested in C.R. No. 221/2022 for the offences punishable under Section 363, 376, 368 r/w. 34 of the I.P.C. and under Sections 4 of the POCSO Act registered with Satpur Police Station, Nashik be released on bail in the sum of Rs.15,000/­(Rupees Fifteen Thousand only) each 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: 2022.10.01 16:34:53 – 0600 Nashik. (Aditee U. Kadam)
Date : 01.10.2022. Additional Sessions Judge­ 2, Nashik.