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MHNS010038922022
Order below Exh. 1 in Criminal Bail
Application No. 932/2022.
1.
This is an application preferred by applicant Vishal Sunil
Barve for bail under section 439 of Cr.P.C. in C.R. No. 55/2022 registered
in Mhasrul Police Station, Nashik for the offence punishable under
sections
354, 504, 506 r/w section 34 of the Indian Penal Code and
section 8 and 12 of POCSO Act.
2.
It is submitted by the accused that accused has not committed
any offence. On perusing the FIR it is seen that there was crowd at the
spot, hence, it is not possible to commit such offence. On the say of the
brother of the complainant offence has been registered. Coaccused are
released on bail, hence, on the ground of parity he is entitled for bail.
Offences are not attracted towards him. Nothing has to be recovered. On
the basis of suspicion he has been arrested. He is ready to abide by all the
terms and conditions. Hence, prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, offence is serious.
complainant was molestation.
In public place
Statement u/s. 164 has been recorded.
Accused is educated. He has knowledge of law yet he has committed the
offence. Accused is from sound family. If he released on bail he will
threaten the witnesses. Accused have committed this offence along with
other accused and if he released on bail he will commit similar type of
offence. Hence, prayed that application be rejected.
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4.
Heard Ld. APP and Ld. Advocate for accused. Perused the
case papers. On perusing the FIR it is seen that incident occurred on
19.04.2022 at that time Akshay Pendharkar took her right hand and the
present accused caught her left hand and pressed her hand harshly and
touched her right cheek with the other hand and molested her. So she
lodged the complaint. It is argued by the Advocate for the accused that
already coaccused are released on bail on the count of parity accused be
released on bail. On perusing the order it is seen that accused Akshay
Pendharkar and Prathmesh Gunjal were released on bail. It is pertinent to
state that the role attribute to accused Akshay Pendharkar and the present
accused is similar. Hence, on the ground of parity present applicant is also
entitled to release on bail.
5.
Accused is charge for the offence u/s. 8 and 12 of POCSO Act
which is punishable with five and three years imprisonment respectively.
Even otherwise complainant has filed application that she has no objection
if bail is granted.
It is seen that accused is in jail since 04.04.2022.
Investigation is completed. No purpose will be served in detaining the
accused behind bar.
Trial will take time.
Hence, I proceed to pass
following order :
ORDER
1.
The application is allowed.
2.
The applicant/accused Vishal Sunil Barve involved in C. R. No.
I55/2022 registered with Mhasrul Police Station for the offence
punishable under sections 354, 504, 506 of the Indian Penal Code
and section 8 and 12 of the POCSO Act, be released on bail on his
executing P.R. and S.B. of Rs.30,000/(Rupees Thirty Thousand
Only) with one or two sureties.
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3.
The applicant/accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court or to any police officer or tamper with the evidence.
4.
Accused shall not commit similar type of offence.
5.
Accused shall remain present for trial.
6.
Accused shall not tamper with the prosecution evidence or
witnesses.
7.
Accused shall furnish his existing address proof, photo identity
and mobile number of self and his two close relatives. In case of
change of address he will intimate the same to the Investigating
Officer and to the Court.
8.
In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.
9.
Bail before committal court, if the case is not committed.
Nashik.
Date : 03/08/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.