CNR MHNS010045402020 Order below Exh.1 in Cri. Bail Application No.1668/2020.

{ Aashish Changdeo Gunjal Vs. State }

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicant apprehends his arrest in Crime No.593/2020 for the offence punishable under sections 3/25 of the Arms Act and under section 135 of the Maharashtra Police Act registered with Panchavati Police Station, Nashik on accusation that on 6.11.2020 the co­accused Kiran Suklal Gunjal was found in possession of one country made gun and one live cartridge. It is the case of prosecution that the co­accused Kiran Gunjal during interrogation has contended that the applicant­accused had handed over the country made gun and cartridge to him and therefore the name of present applicant is added in this offence.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. Nothing is to be seized or recovered from him. There is no evidence against him. He is ready to co­operate in further investigation. He is not having any criminal antecedent. Material investigation is completed and therefore, his custodial interrogation is not necessary. He is having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, he has prayed for prearrest bail.

4.The respondent State filed its say and denied all the adverse allegations made by the applicant and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show his involvement in the commission of offence. If he is released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5.Heard learned advocate on behalf of the applicant and learned APP. I have also perused the investigation papers made available by the Investigating Officer. Perusal of investigation papers prima­facie it is seen that the initially the offence was registered against the co­accused Kiran Gunjal only. During investigation with him the name of applicant­accused transpires and thereafter his name came to be added in this crime. It further appears from the document that the weapon is already recovered from the co­accused and he is already released on bail. The facts and circumstances make it clear that custodial interrogation of applicant is unwarranted. He is ready to co­operate in further investigation. Therefore, applicant has made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 In the event of arrest of applicant Aashish Changdeo Gunjal in Crime No. 593/2020 for the offence punishable under section 3/25 of the Arms Act and under section 135 of the Maharashtra Police Act, registered with Panchavati Police Station, Nashik, he be released on prearrest bail on his executing P.R. bond of Rs.20,000/­ with one or two sureties in like amount.

3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 He shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the charge­sheet and co­operate in further investigation.

6 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 9th December, 2020. Additional Sessions Judge­ 8, Nashik.