1 Cri.BailAppln.No.1164/22Ex.1 Order below Exh.1 in Cri. Bail Application No.1164/ 2022
Sujit Khanderao Katkade .. Applicant Accused.
Vs.
The State of Maharashtra through PI Adgaon Police St. .. Respondent. Nashik. (Cr. No. 218/2022)
Order below Exh. 1
1.The applicant/accused Sujit Khanderao Katkade claims bail in C.R. No. 218/2022 for the offences punishable under Sections 376, 354A & 504 of the Indian Penal Code registered with Adgaon Police Station, Nashik.
2.Heard Learned Advocate Shri A.D.Deshmukh, for the applicant and learned A.P.P. Smt. Sangale for the State. The informant though served failed to appear before the Court. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant has committed rape upon the informant.
4.Learned Advocate for the applicant submitted that two incidents are mentioned by the informant in her report. One is dated 21.06.2022 and the other is of 07.09.2022, whereas report came to be lodged on 16.09.2022. There is no any sufficient reason mentioned in the report as to delay. On the contrary, applicant has produced copy of complaint filed by him against the husband of informant vide SCC
No.1588/21.
5.Informant is 41 years old, major and mature lady. She is married one and has children. Considering the nature of accusation with the background facts that is about financial transaction and complaint lodged by the applicant against the husband of informant, false implication cannot be ruled out.
6.Howsoever it may be, record reflects that applicant came to be arrested on 16.09.2022. 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 and he is local resident. He 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 Sujit Khanderao Katkade arrested in C.R. No. 218/2022 for the offences punishable under Section 376, 354A & 504 of the I.P.C. registered with Adgaon Police Station, Nashik 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 their permanent address proof, mobile number.
Bail before lower Court.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.28 10:44:44 – 0600 Nashik. (Aditee U. Kadam) Date : 27.09.2022. Additional Sessions Judge2, Nashik.