Order below Exh.1 in Bail Application No.1590/2022

Vishal Rambhau Kadam .. Applicant/ Accused.

Vs.

The State of Maharashtra through Police Inspector, Ambad Police Station, Nashik. (Cr. No.I 490/2022)
.. Prosecution

Order below Exh.1

1.The applicant/accused Vishal Rambhau Kadam claims bail in C.R. No. I­490/2022 for the offences punishable under Section 363 of the Indian Penal Code and 12 of POCSO registered with Ambad Police Station, Nashik.

2.Heard Learned Advocate Shri B. S. Lodha, for the applicant and learned A.P.P. Shri Kotwal for the State. Perused the papers of investigation. Victim is present before the Court. She has stated that, she has no complaint against the accused. She went with him on her own.

3.It is the case of the prosecution that the applicant induced minor victim, kidnapped her and thereby sexually harassed her.

4.On perusal of record, it reveals that the applicant is 22 years young boy. Victim has stated that she went with him on her own. No allegations as to violent act committed by applicant against the victim. Applicant came to be arrested after one and half month of lodging of report. Missing report reflects that victim left her house on her own without giving intimation to anyone.

5.Howsoever it may be, it reveals from record that the applicant came to be arrested on 07.12.2022. There is no any recovery or discovery as such remained from the applicant. According to learned Advocate for the applicant, the applicant has no criminal antecedents. The applicant 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] Applicant ­Accused Vishal Rambhau Kadam arrested in C.R. No. I­490/2022 for the offences punishable under Section 363 of the Indian Penal Code and 12 of POCSO registered with Ambad Police Station be released on bail in the sum of Rs.50,000/­ (Rupees Fifty 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 filing of chargesheet.

c] Applicant is directed to furnish his permanent address proof, mobile number.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM Date: KADAM 2022.12.20 11:12:55 – 0600 Nashik. (Aditee U. Kadam) Date : 19.12.2022. Additional Sessions Judge­2, Nashik.

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