IN THE COURT OF SESSIONS JUDGE AT SATARA AT
SATARA
Cri.Bail application No. /2023
(First Bail Application)
In the matter of Section 439 of Criminal
Procedure Code
AND
In connection with C.R. No. 449 of 2023
registered with Shahupuri Police Station
u/s 363, 376, 376(2)(j)(n), 354, 354(D) of
Indian Penal Code and POCSO Act 2012
u/s. 4, 8, 12 .
Akshay Ganesh Suryavanshi )
Age- 19, Occ. : Education )
R/o-55, Pratapganj Peth Satara. )
Dist - Satara ) …Applicant
Versus
The State of Maharashtra )
(Thought Shahupuri Police Station) ) … Respondent
MOST RESPECTFULLY SHEWETH:
1. Particulars of the case :
A) Name of police station : Shahupuri Police Station Satara.
B) Crime No. : 449/2023
C) Name of the informant : Jyoti Suraj Kadam
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D) Date of incident : 23/10/2023 & 25/10/2023.
E) Date of FIR : 26/10/2023.
F) Offence U/S. : 363, 376, 376(2) (j)(n), 354, 354(D) of Indian
Penal Code and POCSO Act 2012 u/s. 4,8,12.
G) Date of Arrest : 27/10/2023
H) Date of MCR : 28/10/2023
2) GROUNDS OF BAIL :
a. The Applicant has been falsely implicated in this case. He is
not concerned with the offence.
b. The Applicant submits that the allegations made by the
complainant in the FIR are totally false, frivolous and are after
thought by giving coloured version to the complaint. The
allegations made in the complaint are totally false, frivolous and
baseless. That as per the allegations there is no prima-facie case
made out against the present Applicant.
c. That initially the FIR is registered on 26/10/2023 under section
354, 354(D) of IPC and under section 12 of POCSO Act 2012.
Complainant nowhere mentioned in the FIR about sexual
intercourse by the present applicant with victim.
d. That the Applicant is in custody since 26/10/2023 that is the
Present Applicant is behind the bars from last 11 days.
e. That the Hon’ble court granted MCR to present Applicant on
28/10/2023. & since that time applicant is in Magistrate
Custody. Hence further custodial interrogation is not necessary
with the police.
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f. Under these facts and circumstances no purpose will be served
by keeping behind the bar applicant.
g. That, the Applicant is innocent person and he has falsely
implicated in this case. The Applicant has not committed any
offence as alleged in the F.I.R. by the informant.
h. That, there is no directly or indirectly and circumstantial and
specific allegation and evidence against this present Applicant
that he committed alleged offence.
i. That, the Applicant is involved in this offence on suspicious
ground and falsely implicated in said crime.
j. That, at the time of Recording Statement when FIR registered in
first instance no allegations regarding rape is given.
Subsequently at the time of recording supplementary statement
complainant made allegation of rape. Hence allegation of rape
is falls and afterthought.
k. That, the Applicant has his permanent place of residence at the
address stated in the cause title of this application and by way of
present criminal application.
l. That, the Applicant would remain present before the
investigating officer whenever he would be called for by
investigating officer for investigation purpose and he will abide
all the conditions imposed by the Hon’ble Court.
m. That, the Applicant will not abscond during trial and he will not
leave India without prior permission of this court.
n. That, the Applicant is reputed person and if he has been keep
behind bars it will harm the social reputation of the Applicant.
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o. That, the Applicant is only earning member in his family and all
family members parents are depend upon him now the
Applicant is in jail so his family suffering a lot.
p. That, the Applicant is ready and willing to furnish the surety for
the like amount as this Hon’ble Court may be deem fit.
q. Thus on these and other similar grounds those would be argued
at the time of final hearing this application.
r. Considering allegations in the FIR the Applicant is not required
for any sort of discovery or recovery.
s. The Applicant states that, this is First bail application, he has
not filed any other application, revision and / or petition either
in this Hon’ble Court or in any Court with regard to the same
subject matter.
3) Applicant most respectfully undertakes –
a) He will co-operate for the further investigation.
b) He will remain present before investigation officer and Court as
and when required or directed by court.
c) He will not tamper with the prosecution witness.
d) He will abide each and every condition imposed by Hon’ble
Court.
4) The Applicant most respectfully prays that-
a) This bail application kindly may be allowed.
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b) The Applicant kindly may be enlarged on bail in C.R. No.
449/2023 registered with Shahupuri Police Station on such
terms and conditions as this Court deems fit and proper.
c) The Applicant craves leave to add, alter or amend the bail
application when found necessary with the permission of this
Hon’ble Court.
d) Any other order in the interest of justice kindly may be passed.
FOR THIS ACT OF KINDNESS AND GRACE
THE APPLICANT AS IN DUTY BOUND SHALL EVER
PRAY.
Satara
Date : 08/11/2023
Advocate for the Applicant
(Chief LADCS)
(Adv.A.P.Mahangade)
