MHNS010042182022
Order below Exh. 1 in Criminal Bail
Application No. 975/2022.
1]
This is an application preferred by accused Abhishekh Maruti
Kambale for bail under section 439 of Cr.P.C. in C.R. No. I126/2022
registered in Sarkarwada Police Station, Nashik for the offence punishable
under section 4/25 of the Arms Act and section 135 of the Maharashtra
Police Act.
2]
In short, it is contended by the accused that he has been
falsely implicated on suspicion. Nothing has been recovered or discovered
from the accused. He is ready to abide by the terms and conditions.
Hence, prayed that application is allowed.
3]
Investigating Officer has filed his say and opposed the
application on the count that accused was found with deadly weapon
which has been seized from him. By using the weapon accused will cause
terror in the society. Offence is serious. Prior offence u/s.4/25 of Arms
Act r/w 135 of Bombay Police Act is pending against the accused. Hence,
prayed that application be rejected.
4]
Heard Learned advocate for accused and Learned APP for
State. It is submitted by the Advocate for the accused that accused is
resident of Nashik. He was using the seized muddemal for his business.
Nothing remains to be investigated. Hence, prayed that bail be granted.
On the other hand Ld. APP has objected this application that accused has
committed similar type of offence prior yet he has committed same
offence. If he released on bail he will create terror in the society, hence,
prayed that application be rejected.
5]
On perusing the FIR it is seen that, from the possession of
present accused iron sickle was found from his person. It is seen that
accused is in jail since 04.08.2022.
Already recovery has been made.
Nothing remains to be investigated. I.O. has not brought on record that
accused has been convicted for earlier offence.
Trial will take time.
Accused is resident of Nashik. Apprehension of I.O. can be taken care by
imposing conditions. Hence, I proceed to pass following order.
ORDER
1]
The application is hereby allowed.
2]
The
accused
Abhishekh
Maruti
Kambale
involved
in
C.R.
No.126/2022 of Sarkarwada Police Station for the offence punishable
under section 4/25 of the Arms Act and section 135 of the Maharashtra
Police Act, be released on bail on his executing P.R. and S.B. of
Rs.25,000/ (Rupees Twenty Five Thousand Only)
with one or two
sureties in the like amount.
3]
The accused shall mark his presence in Sarkarwada Police Station
on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing of the
chargesheet and to cooperate investigating Officer.
4]
The accused shall not tamper with the prosecution evidence or
witnesses.
5]
The accused shall not commit similar type of offence.
6]
The accused shall furnish address proof, photo identity and mobile
number of self and his two close relatives.
7]
In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.
8]
Bail before trial Court.
Sd/xxx
Nashik.
Date : 11/08/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.