1 Cri.BailAppln.No.1097/22Ex.1 Order below Exh.1 in Cri. Bail Application No.1097/ 2022
Yash Chandrashekhar Pawar .. Applicant Accused.
Vs.
The State of Maharashtra through PI Mhasrul Police St. .. Respondent. Nashik. (Cr. No. I 144/2022)
Order below Exh. 1
1.The applicant/accused Yash Chandrashekhar Pawar claims bail in C.R. No. I144/2022 for the offences punishable under Sections 354, 354D, 341, 323 r/w. 34 of the Indian Penal Code and under Sections 12 of the POCSO Act registered with Mhasrul Police Station, Nashik.
2.Heard Learned Advocate Shri S.K.Mishra, for the applicant and learned A.P.P. Smt. Chavan for the State. The informant is also present before the Court and filed her say at Exh.6.
Perused the papers of investigation.
3.It is the case of the prosecution that the applicant and other accused assaulted minor victim and also outraged her modesty, abused and threatened her.
4.On perusal of record, it reveals that there are specific allegations against all the accused. At the time of incident, three accused persons including applicant followed the minor victim. One of the accused insisted sexual favour from the minor victim. On refusal, he has abruptly twisted her hand, bend her down, gave blow at her head. Prima facie considering over all conduct of all the accused, act done in furtherance of common intention on their part is reflected. The accused and applicant acted in violent manner against the minor victim. The said victim was present in the Court. She has categorically stated that accused were unknown to her. Thus, prima facie tendency and pervert mentality of applicantaccused is reflected.
Investigation is at premature stage. Offence allegedly committed by the applicant against the minor victim is very much serious and heinous in nature. If the applicant would be released on bail, there is every possibility that he would pressurize the minor victim and will tamper with the prosecution evidence. Therefore, considering all these aspect, this Court is of the view that the applicant is not entitled to be released on bail. Hence, the following order.
:: O R D E R ::
1] The application (Exh.1) stands rejected.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.16 17:28:43 – 0600
Nashik. (Aditee U. Kadam) Date : 15.09.2022. Additional Sessions Judge2, Nashik.