1 Cri.BailAppln.No.1095/22­Ex.1 Order below Exh.1 in Cri. Bail Application No.1095/ 2022

Sudam Shantaram Gangode .. Applicant Accused.

Vs.

The State of Maharashtra through PI Wani Police St.,Wani .. Respondent. Tal.Dindori (Cr. No. 137/2022)

Order below Exh. 1

1.The applicant/accused Sudam Shantaram Gangode claims bail in C.R. No. 137/2022 for the offences punishable under Sections 363, 376 of the Indian Penal Code and under Sections 4, 6 & 8 of the POCSO Act registered with Wavi Police Station, Wavi.

2.Heard Learned Advocate Shri Wadje, for the applicant and learned A.P.P. Smt. Sangale for the State. The informant is present before the Court. Perused the papers of investigation.

3.It is the case of the prosecution that applicant induced minor victim, kidnapped her and sexually exploited her.

4.On perusal of record, it reveals that the missing report came to be lodged on 18.06.2022. It is mentioned therein that the minor victim left her house on her own at about 07.45 pm. They took search of her but she was not found. Age of the victim is mentioned as 16 years & 11 months. But there is no any prima facie evidence on record to show her age. Learned Advocate for the applicant submitted that victim is taking education in 12th standard. She is major person.

She had been with the applicant for near about two months. There are no allegations against the accused that he has acted violently against the minor victim. Learned Advocate for the applicant also pointed out that applicant and victim are resident of same village and acquainted with each other. It is the submission of learned Advocate for applicant that report is lodged on the basis of suspicion.

5.Howsoever it may be, it reveals from record that applicant came to be arrested on 29.08.2022. There is no any recovery or discovery as such remains from the applicant. According to ld. Advocate for the applicant, the applicant has no criminal antecedents.

He is a local resident and is ready to abide any conditions on grant of 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 Sudam Shantaram Gangode arrested in C.R. No. 137/2022 for the offences punishable under Section 363, 376 of the I.P.C. and under Sections 4, 6 & 8 of the POCSO Act registered with Wani Police Station, Wani, Tal. Dindori 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: 2022.09.16 17:35:19 0600 – Nashik. (Aditee U. Kadam)
Date : 16.09.2022. Additional Sessions Judge ­2, Nashik.