1 Cri.BailAppln.No.1168/22Ex.1 Order below Exh.1 in Cri. Bail Application No.1168/ 2022
Sunil Janardan Kale .. Applicant Accused.
Vs.
The State of Maharashtra through PI Taluka Police St. .. Respondent. Nashik. (Cr. No. I 147/2022)
Order below Exh. 1
1.The applicant/accused Sunil Janardan Kale claims bail in C.R. No. I147/2022 for the offences punishable under Sections 363, 366, 376(3) of the Indian Penal Code and under Sections 4, 8 & 12 of the POCSO Act registered with Nashik Taluka Police Station, Nashik.
2.Heard Learned Advocate Shri G.L.Bodke, for the applicant and learned A.P.P. Smt. Sangale for the State. The victim is also present and filed her say at Exh.4. Perused the papers of investigation.
3.It is the case of the prosecution that applicant induced minor victim, kidnapped her, sexually exploited her.
4.On perusal of record, it reveals that missing report was lodged by the mother of victim that her daughter left the workplace without giving intimation to anyone and was not found though they searched for her in the vicinity. It is pertinent to note that victim left the workplace on 19.07.2022
but then, report came to be lodged on 04.08.2022. Delay in lodging report is not explained. There are no allegations that the applicant has acted violently against the minor victim. Age of the victim is mentioned as more than 17 years. She is on the verge of majority.
5.Howsoever it may be, it reveals from record that applicant came to be arrested on 19.09.2022. There is no any recovery or discovery as such remained from the applicant.
According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is 22 years young boy. 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 Sunil Janardan Kale arrested in C.R. No. I147/2022 for the offences punishable under Sections 363, 366 & 376(3) of the Indian Penal Code and under Sections 4, 8 & 12 of the POCSO Act registered with Taluka 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 his permanent address proof, mobile number.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.30 15:33:11 – 0600 Nashik. (Aditee U. Kadam) Date : 30.09.2022. Additional Sessions Judge2, Nashik.