Order Below Exh. 1 in Cri. B. Appln. No. 495/2022
(CNR No. MHNS 010019212022 )
Yash Ishwar Jadhav V/s. State
Heard:
1.

Ld.Adv. Mr. G. L. Bodke for the applicant.
Ld.A.P.P. Ms. S.S. Sangale for the State.
Perused the say of the Complainant.

This is an application under Section 439 of Criminal
Procedure Code in Crime No. 36/2022 registered at Police
Station, Satpur, Nashik for the offence under Sections 363, 366,
376(f),(n), of I. P. C. and Sections 4 & 6 of the Protection of
Children From Sexual Offences Act, 2012.

It is the case of
prosecution in brief that the accused/applicant kidnapped the
15 year­old minor victim and raped her.
2.

Ld. Adv. for the applicant has submitted that that
initially the offence was registered only under Section 363 of the
I.P.C. Sections 366 & 376 of the I.P.C. & Sections 4 & 6 of the
Protection of Children From Sexual Offences Act, 2012 came to
be added subsequently. There was a love­affair between the
applicant and the victim and she had accompanied the accused
of her own free will. Applicant is ready to abide by the terms
and conditions imposed by the court. Therefore, no purpose will
be served by keeping him behind bars.
3.

Per contra, Ld. A.P.P. has vehemently opposed the
application on the ground that perusal of the case diary
..2..

indicates prima­facie case against the applicant. Medical report
also shows injuries. Although initially the offence was registered
under Sec. 363 of the I.P.C., after the victim was traced, she
stated about the sexual assault by the applicant and on that
basis the other sections came to be added. Section 164 Cr.P.C.
statement of the victim also is in consonance with her previous
statement. Offence is serious in nature and is punishable up to
imprisonment for life. Investigation is in progress and charge­
sheet is yet to be filed. If the applicant is released on bail, there
are chances of his tampering with prosecution witnesses.
4.

The complainant (grand­father of the victim) is
present before the Court and has filed his ‘say’ strongly opposing
the bail application. It is averred by him that the victim is an
orphan and is being looked­after by him. The accused/applicant
is a relative. If he is released on bail, there are chances of his
tampering
with
the
prosecution
witnesses
and
also
of
committing similar offence with the victim. It may embolden
him as well as others to commit sexual assault on the victim.
5.

Perusal of the case­diary (including the medical
report and the Sec. 164 Cr.P.C. statement of the victim) reveals
prima­facie case against the applicant. Although initially the
offence was registered under Sec. 363 of the I.P.C., after the
victim was traced, she stated about the sexual assault by the
applicant and on that basis the other sections came to be added.
The complainant (grand­father of the victim) has filed his ‘say’
strongly opposing the bail application. It is averred by him that
..3..

the victim is an orphan and is being looked­after by him. The
accused/applicant is a relative. If he is released on bail, there are
chances of his tampering with the prosecution witnesses and
also of committing similar offence with the victim. It may
embolden him as well as others to commit sexual assault on the
victim. Investigation is in progress and charge­sheet is yet to be
filed. Therefore, apprehension of the Ld. A.P.P. and the
complainant that if the applicant is released on bail, there are
chances of his tampering with prosecution witnesses is also
well­founded. In view of the foregoing discussion, I am inclined
to reject the application.
ORDER
Application is hereby rejected.
MRIDULA
BHATIA
Nashik.
26/04/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.04.26
13:02:40
+0530
M. V. Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.