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MHNS010029412022
Order below Exh.1 in Criminal Anticipatory Bail
Application No.731/2022
1.
This is an application filed by applicant Abhishekh Gopal
Jadhav for anticipatory bail under section 438 of Cr.P.C. in C.R. No. I
134/2022 registered against applicant at Mumbai Naka Police Station for
the offence punishable under sections 326, 452, 323, 143, 144, 147, 148,
149 of the Indian Penal Code.
2.
In short it is the case of prosecution that on 21.05.2022
complainant and her mother was sleeping in the house at that time Pintu
Dive came running in their house and behind him people from his vicinity
i.e. Chetan Jadhav and Rahul Bramane came behind Pintu to assault him
by carrying sickle. When Chetan Jadhav raised his hand with sickle at that
time Pintu ran away from there. When he and his mother intervene the
quarrel at that time Chetan Jadhav assaulted him on his head with sickle.
When he was running outside the house at that time family members of
Chetan Jadhav i.e. Damyanti Jadhav, Sangita Jadhav came in front of the
house at that time Rahul Bramane threw stone on the head of her mother.
When her brother Aditya came to rescue them at that time Shekhar Kale,
Abhishek Jadhav, Prakash Shingade, Abhishek Bramane came to assault
him by fist and kick blows and Abhishek Bramane assaulted her brother
Aditya below the waist by sharp pointed weapon which he had in his
hand. Hence, the complaint.
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3.
It is submitted by the applicant that he has been falsely
implicated in the present crime. He is a student. Remand report states
that applicant has assaulted by fist and kick blows. In fact applicant was
not present at the spot. As the name of his mother and brother were
reflected he has been falsely implicated in this crime. Other coaccused
are released on bail.
Nothing has to be recovered.
discharge from the hospital.
Injured has been
He is ready to abide by the terms and
conditions, hence prayed that prearrest bail application be granted.
4.
Say was called of investigating officer wherein he contends
that, investigation from the present applicant is yet pending. Applicant
was absconding since the incidence. He will threaten the witnesses and
commit similar type of offence, hence, prayed that application be rejected.
5.
Heard Ld. Advocate for the applicant and Ld. APP for the
State. On perusing the FIR it clearly reflects that the role attributed to the
present applicant is that he along with Shekhar Kale, Prakash Shingade,
Abhishek Bramane came and assaulted complainant’s brother Aditya by
fist and kick blows. Abhishek Bramane assaulted her brother Aditya below
his waist by sharp pointed weapon which he had in his hand. Thus,
present applicant has assaulted Aditya by fist and kick blows only.
Advocate for the applicant has also filed the order passed by the Ld. Trial
Court whereby all the coaccused are released on bail.
6.
Though nothing has to be recovered from the applicant,
however, investigating officer has categorically stated that applicant was
absconding
since
the
date
of
offence.
Investigating
officer
has
apprehended that there is possibility of threatening the witnesses and the
complainant. Offence levelled against applicant is under section 326 of
the IPC which is punishable with life imprisonment. Investigation is in
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progress as medical certificate of the injured is yet to be obtained. There
was unlawful assembly of the accused for committing the offence for
which investigation is necessary.
7.
No case has been made by the applicant to hold that he has
been falsely implicated in the present case. The grounds are not made to
consider the present application. Hence, I proceed to pass following
order :
ORDER
1]
The application stands rejected.
2]
Inform concerned police station accordingly.
Sd/xxx
Nashik.
Date : 18/06/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.