1
Cri.BailAppln.No.806/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.806/ 2022
Vinod Chaganseth Birari
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Mhasrul Police St.
Nashik. (Cr. No. I 101/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused Vinod Chaganseth Birari
claims anticipatory bail in the event of his arrest in C.R. No. I­
101/2022 for the offences punishable under Sections 354­A of the
Indian Penal Code and under Section 67­A of the Information
Technology Act registered with Mhasrul Police Station, Nashik..

2.

Heard Learned Advocate Shri A.K.Kale, for the
applicant and learned A.P.P. Smt. Chavan for the State. The IO
is also present. Perused the papers of investigation.

3.

It is the case of the prosecution that applicant and
informant are relatives of each other.

Applicant has outraged
modesty of his own sister­in­law and also defamed her by
sending offending messages to her husband.

2
4.

Cri.BailAppln.No.806/22­Ex.1
On perusal of record, it reveals that the applicant and
informant are relatives of each other.

Applicant is 48 years old
person and informant is also 48 years old married lady.
Applicant is a real brother of her husband.
mentioned that they have family dispute.

Informant has
She has mentioned
the incident which was alleged occurred long before.

The
present report is based on the allegations in respect of sending
Whats­App messages.
before
Court
Investigating Officer who was present
submitted
that
the
accused/applicant is already seized.

mobile­phone
of
the
Applicant has produced
documents to show that he was admitted in hospital.
5.

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.”
6.

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 anticipatory bail by imposing certain conditions.
Hence the order.

3
Cri.BailAppln.No.806/22­Ex.1
:: O R D E R ::
1]
The application is allowed.

2]
In the event of arrest, Applicant­Accused
Vinod Chaganseth Birari be released on
anticipatory bail in C.R. No. I­101/2021 for
the offences punishable under Section 354­A
of the I.P.C. and under Section 67­A of the
Information Technology Act registered with
Mhasrul 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
prosecution evidence in any manner.

the
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.
d] Applicant is directed to mark presenty in
concern police station on every 2nd Sunday of
the month in between 10.00 am to 12.00 noon
till filing charge­sheet.
ADITEE
UDAY
KADAM
Nashik.
Date : 04.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.05
10:36:47 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

4
Cri.BailAppln.No.806/22­Ex.1