1 Cri.BailAppln.No.1197/22Ex.1 Order below Exh.1 in Cri. Bail Application No.1197/ 2022
Yograj Sanjay Bairagi .. Applicant Accused.
Vs.
The State of Maharashtra through PI MIDC Police St. .. Respondent. Satpur. (Cr. No. I 266/2022)
Order below Exh. 1
1. The applicant/accused Yograj Sanjay Bairagi claims bail in C.R. No. I266/2022 for the offences punishable under Sections 363, 376, 376(2)(j)(n) of the Indian Penal Code and under Sections 4, 8 & 12 of the POCSO Act registered with Satpur Police Station, Nashik.
2.Heard Learned Advocate Shri G.L.Bodake, for the applicant and learned A.P.P. Smt. Sangale for the State. The mother of the victim is present. Perused the papers of investigation.
3.It is the case of the prosecution that applicant induced minor victim, kidnapped her and sexually exploited her and made her pregnant.
4.On perusal of record, it reveals that missing report was lodged by the mother of victim that on 17.09.2022 victim left the house but did not return. They searched for her but she was not found. Therefore, informant has lodged missing report on 18.09.2022. Victim is 17 years 10 months old. She is at the verge of majority. Applicant is also a young boy of 19 old.
Learned Advocate for the applicant submitted that applicant and victim were engaged in loveaffair. They were residing with each other as husband and wife. There are no allegations that applicant acted violently against victim.
5.Howsoever it may be, it reveals from record that applicant came to be arrested on 26.09.2022. 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 19 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 Yograj Sanjay Bairagi arrested in C.R. No. I266/2022 for the offences punishable under Sections 363, 376, 376(2)(j)(n) of the Indian Penal Code and under Sections 4, 8 & 12 of the POCSO Act registered with MIDC Police Station, Sinnar 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 17:49:14 – 0600 Nashik. (Aditee U. Kadam) Date : 10.10.2022. Additional Sessions Judge2, Nashik.