1 Cri.BailAppln.No.1208/22 Ex.1
Order below Exh.1 in Cri. Bail Application No.1208/ 2022
Vivek Yuvraj Patil .. Applicant Accused.
Vs.
The State of Maharashtra through PI Adgaon Police St. .. Respondent. Nashik. (Cr. No. I 173/2022)
Order below Exh. 1
1.The applicant/accused Vivek Yuvraj Patil claims bail in C.R. No. I173/2022 for the offences punishable under Sections 376, 376(2)(n), 363 of the Indian Penal Code and under Sections 4, & 8 of the POCSO Act and u/s. 3(1)(w)(i)(ii), 3(2)(va), 3(2)(v) of the SC & ST Act registered with Adgaon Police Station, Nashik.
2.Heard Learned Advocate Shri Z.H.Inamdar, for the applicant and learned A.P.P. Smt. Sangale for the State. The victim is also present. Perused the papers of investigation.
3.It is the case of the prosecution that applicant induced minor victim, kidnapped her and committed rape upon her. Victim belongs to SC & ST category and thereby accused intentionally exploited her.
4.On perusal of record, it reveals that missing report was lodged by the father of victim that on 08.07.2022 he dropped his daughter at the gate of Panchawati College, Nashik at about 10.45 am but she did not return to the house. On enquiry she found to be missing. Therefore, he lodged report on 09.07.2022.
Victim is present in the Court. She has no allegations against applicant. Victim was found in the custody of applicant. She was residing with applicant accused for about two months. There are no allegations that applicant acted violently against her.
5.Howsoever it may be, it reveals from record that applicant came to be arrested on 30.09.2022. There is no any recovery or discovery as such remain from the applicant.
According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is 18 years young boy. He 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] ApplicantAccused Vivek Yuvraj Patil arrested in C.R. No. I173/2022 for the offences punishable under Sections 363, 376, 376(2)(n) of the Indian Penal Code and under Sections 4, & 8 of the POCSO Act & u/s. 3(1) (w)(i)(ii), 3(2)(va), 3(2)(v) of the SC & ST Act registered with Adgaon 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 the prosecution evidence in any manner.
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.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.11 17:45:33 –
0600 Nashik. (Aditee U. Kadam) Date : 07.10.2022. Additional Sessions Judge2, Nashik.