Order Below Exh. 1 in Cri. B. Appln. No. 578/2022
(CNR No. MHNS 010023242022 )
Yogesh Namdeo Kawte V/s. State
Heard: Ld.Adv. Mr. R. D. Avhad for the applicant.
Ld.A.P.P. Ms.S.S.Sangale for the State.
Perused the say of the complainant.
1.

This is an application under Section 439 of Criminal
Procedure Code in Crime No. 145/2022 registered at Police
Station, Sinnar, Nashik Gramin for the offence under Sections
366(A), 376(2)(J)(N) of the Indian Penal Code, 1860 and
Sections 4, 8 & 12 of the POCSO Act, 2012. It is the case of
prosecution in brief that the accused/applicant kidnapped and
raped the minor victim aged 16 years.
2.

Ld. Adv. for the applicant has submitted that there
was a consensual love­affair between the so­called victim and
the applicant. She had left her house to be with the applicant
out of her free will and volition after which she resided with the
applicant in a house. F.I.R. was lodged against an unknown
person. Applicant is 23 years old while the victim is 16 years old.
Material part of the investigation is over and charge­sheet is
about to be filed. Applicant is ready to abide by the terms and
conditions imposed by the Court.
3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that there is prima­facie case against the applicant. If
the applicant is released on bail, there is possibility of his
tampering with prosecution witnesses.

..2..

4.

Material part of the investigation is over and charge­
sheet is about to be filed. Considering the same and considering
the peculiar facts and circumstances of the case, I am inclined to
allow the application in terms of the following order:
ORDER
1]
Application is hereby allowed.

2]
Applicant Yogesh Namdeo Kawte be released on bail by
executing P.R. and S.B. of ₹30,000/­ with one or two local
sureties of like amount.

3]
Applicant shall not directly or indirectly, make any
inducement, threat or promises to any person acquainted
with the facts of accusation, so as to dissuade him/her
from disclosing such facts to the Court or to the police
officer and shall not tamper with the prosecution witnesses
in any manner.

4]
Applicant shall not commit any offence and shall attend all
dates of hearing after filing of charge­sheet.

5]
Applicant is duty bound to inform the I.O. and the court
about his change of address, if any.

6]
Applicant shall furnish residence and ID proof of two
blood relatives to the I.O.
(Dictated and pronounced in open Court).
Digitally signed by
Nashik
23/05/2022
MRIDULA MRIDULA
BHATIA
Date: 2022.05.23
BHATIA
18:17:04 +0530
( M. V. Bhatia)
District Judge­2 and Additional
Sessions Judge, Nashik.