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Cri.B.A.No.800/22OrderEx.1.
Order below Exh.1 in Bail Application No. 800/2022
1/
Vijaya Vasant Dhakane & Other..
Vs.
Applicants/
Accused.
The State of Maharashtra
through Police Inspector,
Mumbai Naka Police Station, Nashik.
(Cr. No.I 169/2022)
..
Prosecution
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicants/accused under section 438 of Cr.P.C. for releasing
them on anticipatory bail in the event of their arrest in the
aforesaid Crime registered at Mumbai Naka Police Station, for
the offence punishable under sections 376, 420, 494, 495 r/w. 34
of the Indian Penal Code and prayed for interim protection.
2.
Heard Learned Advocate Shri V.B.Nehe, for the
applicant and learned A.P.P. Shri Nikam for the State. IO is also
present. Perused the papers of investigation.
3.
It is the case of the prosecution that the accused No.1
cheated the informant and performed marriage with her though
his previous marriage was existing and there are allegations
against the applicants that they have facilitated the offence.
4.
On perusal of record, it reveals that there are no
specific allegations against the applicants. Main allegations are
against the accused No.1. Learned Advocate for the applicants
produced the copies of complaint applications filed by accused
2
No.1 and
Cri.B.A.No.800/22OrderEx.1.
by applicants against the informant.
He has also
produced relevant documents in respect of residential house of
applicants.
Thus, prima facie case against the applicants found
to be in cloud.
On these amongst grounds, interim bail was
granted to the applicant on 24.06.2022. Now, say is filed by the
IO and the formal objections are raised.
It appears that the
applicant cooperated the investigation.
5.
Considering
the
nature
of
accusation
and
investigation thereof, it is clear that there is no recovery or
discovery as such from the applicants.
As per the contention of
ld. Advocate, the applicant has no criminal antecedents. He is a
local resident and he is ready to abide any conditions imposed
upon him. Therefore, considering all these aspects, this Court is
of the view to confirm the interim protection granted to
applicant. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicant
on 24.06.2022 stands confirmed subject to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 02.07.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.05
10:35:18 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.B.A.No.800/22OrderEx.1.