Order Below Exh. 1 in Cri. B. Appln. No. 590/2022
CNR NO.MHNS010023522022
Suraj Kalu Gadhar Vs. State.
Heard:
1.

Ld. Adv. Mr. G. L. Bodke for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
Perused the say filed by the complainant.

This is an application under Section 439 of the Code of
Criminal Procedure, 1973 in Crime No.76/2022 registered
at Police Station, Nashik Taluka, Dist. Nashik for the
offence punishable under Sections 376(3), 506 of the
Indian Penal Code, 1860 and Sections 4 & 8 of the
Protection of Children From Sexual Offences Act, 2012. It
is the case of prosecution in brief that the accused/
applicant entered the house of the 12 year­old victim
(when no one else was at home), forced himself upon her
and raped her and impregnated her.

2.

Ld. Adv. for the applicant has submitted that investigation
is over and charge­sheet has been forwarded for
verification. Therefore, the applicant should be released
on bail.

3.

Per contra, Ld. A.P.P. Ms. S. S. Sangle has vehemently
opposed the application on the ground that there is prima­
facie case against the applicant. Offence is serious in
nature wherein a minor who is 12 years old has been
violated and impregnated.

4.

Perusal of the case diary indicates prima­facie case against
the applicant. Offence is serious in nature wherein a 12
year­old minor has been violated and impregnated. I. O.
has submitted that victim could not get an abortion done
since it was against medical opinion.

Thus, the whole
childhood and life of the victim has been gravely affected
by the said offence which is punishable by up to
imprisonment for life. In view of the foregoing discussion,
I am inclined to reject the bail application.
ORDER
Application is hereby rejected.

Nashik
04/06/2022
Digitally
signed by
MRIDULA
MRIDULA BHATIA
Date:
BHATIA
2022.06.04
11:29:43
+0530
Mridula Bhatia
District Judge­2 and
Additional Sessions Judge, Nashik.