1 Cri.BailAppln.No.1162/22Ex.1 Order below Exh.1 in Cri. Bail Application No.1162/ 2022
Uttam Ramdas Dambale .. Applicant Accused.
Vs.
The State of Maharashtra through PI Peth Police St. .. Respondent. Peth. (Cr. No. 143/2022)
Order below Exh. 1
1.The applicant/accused Uttam Ramdas Dambale claims bail in C.R. No. 143/2022 for the offences punishable under Sections 376, 506 of the IPC registered with Peth Police Station, Nashik.
2.Heard Learned Advocate Shri R.K.Lokhande, for the applicant and learned A.P.P. Smt. Sangale for the State. The informant is also present before the Court and resisted the application by filing her say vide Exh.5. Perused the papers of investigation.
3.It is the case of the prosecution that the applicant committed rape on the informant.
4.On perusal of record, it reveals that the report came to be lodged on 13.09.2022. The incident alleged occurred on 09.09.2022.
Informant/prosecutrix is 50 years old lady. It is submitted by the learned Advocate for applicant that the husband of informant had financially transaction with applicant and to avoid liability, applicant is falsely implicated. So also, story of prosecution that, in dense vicinity, commission of the offence like rape without resistance, is not probable one.
5.Howsoever it may be, it reveals from record that applicant came to be arrested on 13.09.2022. 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 a local resident and 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 Uttam Ramdas Dambale arrested in C.R. No. 143/2022 for the offences punishable under Section 376, 506 of the I.P.C. registered with Peth Police Station, Peth 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: 2022.09.28 10:42:47 – 0600 Nashik. (Aditee U. Kadam) Date : 26.09.2022. Additional Sessions Judge2, Nashik.