1
Cri.B.A.No.1043/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 1043/2022
1/­
Sunil Dashrath Datrange & Ors… Applicants/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Sinnar Police Station, Sinnar.
(Cr. No.I 333/2022)
..

Prosecution
Order below Exh.1.

1.

This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing them on anticipatory bail
in the event of their arrest in the aforesaid Crime registered at Sinnar
Police Station, for the offence punishable under section 143, 147, 148,
149, 307, 354, 448, 504, 506 of the Indian Penal Code and accordingly,
interim protection was granted to applicants.
2.

Heard Learned Advocate Shri Y. R. Wagh, for the
applicants and learned A.P.P. Smt. Chavan for the State. Also heard
learned Advocate Shri Deshpande for informant and perused say filed
by informant. Perused the papers of investigation.
3.

It is the case of the prosecution that the applicants
abused, assaulted the complainant and injured witnesses and also
destructed their property.

2
4.

Cri.B.A.No.1043/22­Order­Ex.1.

On perusal of record, it reveals that the complainant and
the applicants are relatives of each other. Son of complainant and the
daughter of accused No.2 performed love marriage.
occurred on 04.06.2022.

Alleged incident
According to complainant, she has
approached the police but her complaint was not recorded.
husband was admitted in the hospital.

Her
Finally, she has sent
complaint to Sinnar Police Station on 11.06.2022 and then, to the
Superintendent of Police, Nashik Gramin on 16.06.2022.
was no action taken by the police.

But there
Hence, on 30.06.2022, complaint
came to be lodged.

Prima facie, it appears that there is controversy
between the family.

It is the contention of applicants that coaccused
sustained injuries during the assault by the informant party and they
were hospitalized. Copy of the medical certificate are produced on
record.

Considering controversy on the basis of medical certificate
dated 04.06.2022 and contents in complaint, prima facie averments in
the complaint are found to be in cloud. On amongst these grounds,
interim bail was granted to the applicants.

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.

Now, investigating officer has filed a say and raised formal
objections. The ld. Advocate for the Applicants submitted that the
applicants do not have criminal antecedents. They are
reputed
3
Cri.B.A.No.1043/22­Order­Ex.1.

person. They are permanent local resident. Therefore, considering all
these aspects, this Court is of the view to confirm the interim
protection granted to applicants. Hence, the order.

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

2]
The interim protection granted to applicants on
23.08.2022 stands confirmed subject to following
conditions.

3]
The applicants are directed not to enter in the
area/vicinity where informant party resides, till
filing of charge­sheet.

4]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 15.09.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.09.16
17:25:08 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.