Order Below Exh. 1 in Cri. B. Appln. No. 524/2022
(CNR No. MHNS 010020802022 )
Akshay Balasaheb Pendharkar & Prathmesh Ramesh Gunjal
V/s. State
Heard: Ld.Adv. Mr. A. S. Mahajan for the applicants.
Ld.A.P.P. Ms.S.S.Sangale for the State.
Perused the Affidavit of the complainant.
1.

This is an application under Section 439 of Criminal
Procedure Code in Crime No. 55/2022 registered at Police
Station, Mhasrul, Nashik for the offence under Sections 354, 506
r/w Section 34 of the Indian Penal Code, 1860 and Sections 8 &
12 of the POCSO Act, 2012. It is the case of prosecution in brief
that the accused/applicants stopped the
17­year old victim
(when she was walking on the road), held her hand and asked
her as to why does she apply red lipstick.
2.

Ld. Adv. for the applicants has submitted that
material part of the investigation is over and charge­sheet is
about to be filed. Applicants have been behind bars since more
than one month. They are 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 applicants.
If the applicants are released on bail, there is possibility of their
tampering with prosecution witnesses.
4.

Material part of the investigation is over and charge­
sheet is about to be filed. Offence is not punishable by life
..2..

imprisonment / death. In view of the foregoing discussion, I am
inclined to allow the application in terms of the following order:
ORDER
1]
Application is hereby allowed.

2]
Applicants Akshay Balasaheb Pendharkar & Prathmesh
Ramesh Gunjal be released on bail by executing
P.R.

and S.B. of ₹30,000/­ with one or two local sureties of
like amount.
3]
Applicants 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]
Applicants shall not commit any offence and shall attend
all
dates of hearing after filing of charge­sheet.

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

6]
Applicants shall furnish residence and ID proof of two
blood relatives to the I.O.
(Dictated and pronounced in open Court).
MRIDULA
BHATIA
Nashik
24/05/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.05.24
17:46:48 +0530
( M. V. Bhatia)
District Judge­2 and Additional
Sessions Judge, Nashik.