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Cri.B.A.No.550/2022Ex.1.
Order below Exh.1 in Cri. Bail Appln. No. 550/2022
Ganesh Anil Jadhav,
..
Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Deola Police Station, Deola
Tal. Kalwan. (Cr. No.I 90/2022)
..
Prosecution
Order below Exh.1.
1.
This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Deola Police Station, for the offence
punishable under section 363, 366, 376(2)(n), 323, 504, 506, 507 of
IPC & 4, 5(l), 8 and 12 of POCSO Act .
2.
According to the prosecution, the FIR was lodged by the
Victim herself on 31.03.2022 alleging therein that she became
acquainted with the accused as he used to visit her house regularly.
In the month of November 2021, when she had been to the College,
the accused came there and forced her to sit on his motorcycle and
took her to Sahyadri Hotel where he started forcing her to have
physical relations with him. He established physical relations with
her under threats.
Again in the month of December 2021, he took
her to village Askheda, Tal. Chandwad at his maternal uncle’s house
and insisted her for marriage. He then dropped her at her residence.
Thereafter, for couple of days, there was no contact between them. Her
father fixed her marriage with another boy
who was resident of
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Cri.B.A.No.550/2022Ex.1.
village Devala. The applicant came to know about her engagement
and got annoyed, he threatened her and her relatives. Left with no
option, she lodged report against the accused. She further alleged that
when accused committed sexual act with her, she was minor.
Accordingly, crime was registered against the accused and he was
arrested on 01.04.2022 and since then, he is in judicial custody.
3.
The learned counsel Mr. R.V.Kambale appearing for the
applicant/accused has argued that the applicant is innocent and has
not committed any offence.
He further submits that he has been
falsely implicated in this case. There is huge delay in lodging the
report.
No proper explanation is given by the Victim while lodging
the report.
His further detention is not required. In support of his
contentions, he relied on the reported ruling in the case of
Chandrakant Vishnu Choudhary Vs. State of Maharashtra, Cri.
Bail Appln. No.209/2019 decided by Hon’ble Bombay High Court on
21.02.2019 and lastly, prayed for bail to the applicant/accused.
4.
The ld. APP Smt. Sangale has strongly opposed the
application by stating that the offence is serious in nature.
If the
applicant is released on bail, there is every possibility that he may
tamper with the witnesses and would not obey the terms and
conditions.
Hence, prayed for rejection of the bail.
The investigating officer has filed reply at Exh.5 and
strongly opposed the application on similar grounds.
The victim appeared before the Court and filed reply at
Exh.6 praying for rejection of his application.
5.
After hearing both the sides it appears that the report has
was lodged by the victim on 31.03.2022 in relation to the incident
which took place in the month of November December 2021. There is
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Cri.B.A.No.550/2022Ex.1.
a delay of three months in lodging the report. No proper explanation
is forthcoming from her side. If she had a grievance, she should have
raised at the first instance when he established relations with her for
the first time. She is on the verge of majority and can very well
understand the
consequences of her act.
Considering the age,
nature of the offence being consensual, I am inclined to release the
applicant on bail with following conditions.
Order
1.
Application is hereby allowed.
2.
Applicant/ accused – Ganesh Anil Jadhav shall
be
released on regular bail on furnishing his P.R.bond of
Rs.20,000/ with one or more sureties in the like amount.
(a)
not to act in the manner injurious to the interest of the
prosecution.
(b)
maintain law and order and shall not pressurize the
Victim and tamper with evidence in any manner.
(c)
furnish the address of his residence, copy of Pan or
Adhar card at the time of execution of bond and shall not
change the residence without prior permission of this
Court.
3.
If the applicant/accused commit breach of any of the above
conditions, the bail granted to him shall be liable to be
cancelled.
Date : 21.05.2022.
I/C
( Smt. S.S. Nair )
Addl. Sessions Judge4, Nashik.
Addl. Sessions Judge2, Nashik.