1 Cri.B.A.No.1087/22OrderEx.4.
Order below Exh.1 in Bail Application No. 1087/2022
1/ Yuvraj Vishwanath Ramraje & Ors. .. Applicants / Accused.
Vs.
The State of Maharashtra through Police Inspector, Sinnar Police Station, Sinnar, (Cr. No.I 237/2022)
.. Prosecution
Order below Exh.1.
1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in the event of their arrest in the aforesaid Crime registered at Sinnar Police Station, Sinnar for the offence punishable under section 143, 147, 148, 149, 354, 354A, 452, 509, 324, 323, 504, 506 of the Indian Penal Code and accordingly interim protection was granted to applicants on 05.09.2022.
2.Heard Learned Advocate Shri R.D.Avhad, for the applicants and learned A.P.P. Smt. Sangale for the State. Perused the papers of investigation.
3.It is the case of the prosecution that the applicants assaulted the informant party and during the occurrence outraged the modesty of informant.
On perusal of record, it reveals that there is a case and counter case filed by both the parties against each other. The incident occurred on 24.08.2022 but then, report came to be lodged on 30.08.2022. Considering the controversy between the parties and previous complaint lodged by the applicants, false implication cannot be ruled out. On these amongst grounds, interim bail was granted to applicants. Say is filed by the IO and formal objections are raised.
In respect of the offence of outraging modesty law is settled as follows “In regard to the allegations of assault or criminal force with intent to outrage her modesty and intimidation as envisaged under Secs. 354A, 504 and 506 read with Sec. 34 of IPC, custodial interrogation of the applicant is not necessary for the sake of investigation. ”
4.The ld. Advocate for the Applicants submitted that the applicants have no criminal antecedents except the above mentioned report lodged by the same informant. They are local resident and ready to abide any conditions on grant of interim relief. Therefore, considering all these aspects, this Court is of the view that interim relief granted to applicants can be confirmed. Hence the order.
:: O R D E R ::
1] The application (Exh.1) is allowed.
2] The interim protection granted to applicants on 05.09.2022 stands confirmed subject to same terms and conditions.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.13 17:08:38 – 0600 Nashik. (Aditee U. Kadam) Date : 12.09.2022. Additional Sessions Judge2, Nashik.