Order Below Exh.1 in Cri.B.A.No.454/2022
CNR NO.MHNS010016732022
Bhalchandra Jagannath Wagh Vs. State.
Heard : Ld. Adv. Mr. R. D. Avhad for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the State.
1. This is an application under section 439 of the Code of Criminal Procedure in Crime No.60/2022 registered at Police Station, Gangapur, Nashik for the offence punishable under Secs.354 of the
Indian Penal Code, 1860 and Sections 8, 9(k),(m),(n) & 12 of the Protection of Children from Sexual Offences Act. It is the case of prosecution in brief that the 43 year old accused/applicant is a relative
of the 10 yearold mentally challenged victim. On the date of the incident, the applicant took undue advantage of the condition of the victim, made her lie down on a bench and fondled and massaged her
breast and thereafter when his penis had become hard, he asked her to massage it for him.
2.Ld. Adv. for the applicant has submitted that material part investigation is over. Applicant, his father and brother were also taking some medicines from a counseling center. Applicant is ready to
abide by the terms and conditions imposed by the Court.
3.Per contra, Ld. A.P.P. has vehemently opposed the bail application on the ground that there is primafacie case against the applicant. Investigation is in progress and chargesheet is yet to be
filed. If the applicant is released on bail, there are chances of his tampering with prosecution witnesses and committing similar offences.
4.Investigation is in progress and chargesheet is yet to be filed. Perusal of the case diary reveals primafacie case against the applicant. Offence is serious in nature wherein the applicant has sexually
assaulted a 10 year old mentally challenged child. Applicant is a relative of the victim. Therefore, apprehension of the Ld. A.P.P. that if he is released on bail, there are chances of his tampering with
prosecution witnesses and committing similar offences with other children (or even with the victim) are wellfounded. In view of the foregoing discussion, I am inclined to reject the bail application.
ORDER
The application is hereby rejected.
MRIDULA BHATIA Nashik 21/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.22 11:54:54 +0530 Mridula Bhatia District Judge 2 and Addl.Sessions Judge Nashik.