Order Below Exh. 1 In Cri. Bail Application No. 678/2022.
(CNR No. MHNS010026952022)
Vikas Sampat Nannavare & another Vs. State.
Heard
1.
Ld. Adv. Mr. S. P. Wadje for the applicants.
Ld. A. P. P. Ms. S. S. Sangle for the State.
This is an application under section 438 of Criminal
Procedure Code in Crime No. 97/2022 registered at Wavi Police
Station, Dist. Nashik for the offence under sections 363 of the
Indian Penal Code, 1860 (hereinafter referred to as IPC) and
Sections 8 & 12 of the Protection of Children from Sexual
Offences Act. It is the case of prosecution in brief that the
accused kidnapped the minor victim aged 15 years and
committed sexual assault on her.
2.
Ld. Adv. for the applicants has submitted that
initially the FIR was lodged only under Sec. 363 of the I.P.C.
Neither the applicants nor their role has been mentioned in the
FIR. However, the police has been calling the applicants and
has informed them that the victim has named them in her
statement. The applicants are the cousin brothers of the accused.
After the victim eloped with the accused at night, she was
brought back home at 4.00 a.m. itself the same morning. No
recovery needs to be made from the accused. They have no role
to play in the offence. However, since the police are calling
them, they are apprehending arrest.
…2…
3.
Cri.B.A. 678/2022
(Order Exh. 1)
Per contra Ld. A.P.P. has opposed the application on
the ground that custodial interrogation of the applicants is
necessary. Motorcycles need to be seized from the applicants.
4.
Applicants are ready to abide by the terms and
conditions imposed by the Court. I. O. has stated that the only
allegations against the applicants is of threatening the victim.
Their custodial interrogation therefore does not appear to be
necessary. In view of the foregoing discussion, I am inclined to
allow the application in terms of the following order:
ORDER
1]
The application is allowed.
2]
Interim order dated 01/06/2022 passed below Exh.4
is hereby confirmed on the same terms and
conditions.
MRIDULA
BHATIA
04/06/2022
Nashik
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.04
15:32:17
+0530
Mridula Bhatia
District Judge2 and
Addl. Sessions Judge, Nashik