CNR No.

MHNS010021002022
Order below Exh.1 in Cri. Bail Application No.528 /2022
( Abhiman Dharmendra Sanap accused 1 Vs. State )
This is application for pre­arrest bail u/s. 438 of the
Cr.P.C. in C.R. No.129 of 2022 registered with Panchavati Police
Station, Nashik u/ss. 323, 326, 506 r/w.34 of The Indian Penal
Code(IPC).
2.

The learned counsel Mr.A. G.Sanap for the applicant
submits that, applicant and informant are friends of each other.
Applicant has not caused any voluntarily hurt to the informant.
Informant lodged false report against applicant and other accused
under influence. Accused 2,3 & 4 are in judicial custody. Applicant
is innocent person and there is apprehension of his arrest. He is
ready to abide by any of the terms and conditions to be imposed by
this Court. He has got fix and permanent place of residence and
undertakes to cooperate investigation.
3.

Learned APP Mr. R.M. Baghdane, by filing pursis
(Exh.7) adopted say (Exh.6) filed by Investigation officer (I.O.) and
strongly objected this application.
4.

It is the case of prosecution that, on 20.04.2022 at
about 1.30 a.m. at night, at Telangwadi, Fulewadi,Nashik, there
was religious/Haldi programme of sister of friend’s of informant.
After said programme, while informant and his friend
Sanket
Shete were returning their home by motor­cycle and when they
reach near Axix Bank, applicant and other accused came there and
..2..

applicant struck the informant by means of Chopper on left side of
his head and other accused beat him my fist and kick blows.
5.

Ld. APP has opposed this application on the grounds
that, investigation is incomplete, weapon of the offence is yet to be
recovered from applicant, applicant has criminal antecedents and
having registered four C.R. in different police station, applicant is
absconding in this C.R.,he may hamper or tamper prosecution
witnesses and evidence.
6.

It is relevant to mention that, perusal of extract of
medico legal case register, civil hospital,Nashik reveals that, all the
injuries sustained by the informant are simple in nature. Initially,
police had applied sec. 324 and thereafter they added sec. 326 of
IPC.

Considering the nature of injury, the offences disclosed
appear to be bailable in nature. Anticipatory bail can be granted
only when there is
reason to believe that, applicant may be
arrested on an accusation of having committed a non­bailable
offence,
which is not in present case. Consequently, this
application is not maintainable. Hence, I pass following order.
ORDER
This application stands rejected.

Date :04.05.2022.

( S.T. Tripathi)
Additional Sessions Judge­7,
Nashik.