1
Cri.BailAppln.No.996/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.996/ 2022
Vaibhav Balasaheb Jadhav
.. Applicant
Accused.

Vs.
The State of Maharashtra
through PI Vani Police St.
Vani. (Cr. No. 176/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused Vaibhav Balasaheb Jadhav
claims bail in C.R. No. 176/2022 for the offences punishable under
Sections 354, 323, 504, 506
of the Indian Penal Code and under
Sections 3(1)(w)(i)(ii), 3(1)(r)(s), 3(2)(va) of the SC & ST (Prevention of
Atrocities) Act registered with Vani Police Station, Vani.

2.

Heard Learned Advocate Shri J.B.Wadje, for the applicant
and learned A.P.P. Smt. Jadhav for the State. The informant filed her
say vide Exh.7. Perused the papers of investigation.

3.

It is the case of the prosecution that the applicant
assaulted the informant, abused her, threatened and humiliated her
on her caste within public view and during the course of action, he has
also outraged her modesty.

4.

On perusal of record, it reveals that the applicant was
unknown person to the informant. She had been to Kadwa village for
her examination. It is pertinent to note that the informant provoked
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Cri.BailAppln.No.996/22­Ex.1
the applicant by uttering some words. She has also mentioned that
she has slapped him. Her brother came there and then, again she has
slapped the applicant.

At that time, as per the allegations in the
report, applicant uttered abusive words in the name of caste of the
informant. As per the averments in the report, there was no occasion
for applicant to know the caste of informant.

Even there is no
mention in the report that applicant belongs to upper caste.

5.

Till now, it is the settled law that no averments in the FIR
as to the caste of accused or the accused is not member of SC & ST.
No mention in the report as to the knowledge of accused that
complainant belongs to Scheduled Caste, provisions of SC & ST Act
not attracted.

6.

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.”
7.

Howsoever it may be, it reveals from record that applicant
came to be arrested on 08.08.2022. There is no any recovery or
discovery as such remained from the applicant.

Physical custody
of the applicant is thus, no more required for investigation. According
to ld. Advocate for the applicant, the applicant has no criminal
antecedents. He is ready to abide any conditions on grant of bail.

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Cri.BailAppln.No.996/22­Ex.1
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 Vaibhav Balasaheb Jadhav
arrested in C.R. No. 176/2022 for the offences
punishable under Section 354, 323 504, 506 of
the I.P.C. and under Sections 3(1)(w)(i)(ii), 3(1)(r)
(s), 3(2)(va) of the SC & ST (Prevention of
Atrocities) Act registered with Vani 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.
ADITEE
UDAY
KADAM
Nashik.
Date : 22.08.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.23
12:11:34 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.