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Cri. Bail Application No. 1262 / 2020
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Sunita Digambar Gosavi
Vijaya Swapnil Gosavi
Swapnil Arun Gosavi
..

Applicants/
Accused.

..

Respondent.

Vs.
The State of Maharashtra
through P.I. Upnagar P.Stn.
(Cr. No. I 442/2020 )
Order below Exh.1
1.

This application has been filed by the applicants/accused
under section 438 of the C.r.P.C., for releasing them on anticipatory bail
in crime No. I 442/2020 registered at Upnagar Police Station for the
offence punishable under section 354, 324, 323, 504 & 506 r.w.sec. 34 of
the Indian Penal Code.
2.

According to the prosecution case, the FIR was lodged by the
complainant / victim on 15.09.2020 alleging therein that on 08.09.2020
around 9.30 a.m., her nephew Akash Digambar Gosavi had given her
abuses on account of old property dispute. On the same day, around 6.00
p.m. another incident took place. He came to the house of his sister who
stays adjacent to the house of the complainant and started assaulting his
sister and her daughter. Her daughter then called the complainant for
help. When the complainant intervened in the said quarrel, Akash
assaulted her with Tiffin Box and also with fist blows. Soon the applicants
who are the close relatives of the Akash came there to support him. They
all held the complainant, made her to lie, Akash sat on her and started
pressing her breast. He thus, did the act outraging her modesty. The role
assigned to the applicants is that they had
abused, assaulted and
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threatened the complainant to kill her. So, she lodged report in Upnagar
Police Station.

Based on her statement, Police registered the FIR/ Crime
against the applicants/accused. Akash was arrested by the Police.
The applicants/accused are apprehending their arrest at the
hands of the police. So they approached the Court for interim protection.
3.

The applicants were granted interim protection as per order
below Exh. 4 on 23.09.2020.

He prays to confirm the interim protection
and allow the application.
4.

The learned counsel Mr. A.C. Pradhan appearing for the
applicants/accused has argued that the applicants have been falsely
implicated in this case. The allegations are mainly against Akash Gosavi
who outraged the modesty of the victim.

The role of the present
applicants is that they only abused and assaulted the complainant. They
are reputed persons and if they are arrested, they will face humiliation in
the Society. They have no criminal antecedents. They are ready to abide
by all the terms & conditions. Hence, he prays to confirm the interim
protection and allow the application.
5.

The Investigating Officer has filed his Say at Exh.7 and
strongly opposed the application stating that the offence is serious in
nature.

The applicants did not appear before the police. They have not
cooperated the investigation agency.

The process of recording the
statements of the witnesses is going on. The investigation is in progress.
If the applicants are released on bail, there is a possibility that they may
threat and tamper the prosecution witnesses.

Hence, he prays for
rejection of the application. The learned APP Smt. Bhide has submitted in
line with the Say filed by the Investigating Officer and prayed for rejection
of the application.

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6.

After hearing both the sides and perusing the contents of the
FIR, it appears that there is a dispute between the complainant and the
applicants on account of some property disputes. The relations are
strained between them. Considering the nature of the allegations and role
assigned to the applicants that they had facilitated the main accused in
commission of crime, their custodial interrogation is not required. Hence,
I am inclined to confirm the interim protection granted to the applicants
on the same terms & conditions. With this I proceed to pass following
order :
ORDER
1.

Application (Exh.1) is hereby allowed.

2.

The interim protection granted to the applicants as per
order below Exh.4 on 23.09.2020, is hereby confirmed
on the same terms & conditions mentioned therein.

Sandhya
Sunil Nair
Date : 03.10.2020.

Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.03
16:01:22 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge­2, Nashik.