CNR No.

MHNS010044752022
Order below Exh.1 in Cri. Bail Application No.1042 /2022
( Aditya Shashikant Gangurde(accused 8) Vs. State )
This is second application for pre­arrest bail u/s. 438
of the Cr.P.C.

in C. R.63 of 2022 registered with Mhasrul Police
Station, Nashik u/ss.307,326,324,143,144, 147,148, 149,504,506 of
The Indian Penal Code(IPC) and u/s.4/25 of The Indian Arms Act.

2.

The learned counsel Mr.R.J. Kasliwal for the applicant
submits that, investigation has been completed as charge­sheet has
been filed against other accused person. Applicant is
innocent
person and he is not at all concerned with alleged commission of
offence. At the time of incident, he was at his home. 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 fixed
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. I.O. is present alongwith police
case papers.
4.

Brief facts,of the
prosecution’s case,
are that, on
30.04.2022 at 12.45 p.m. at Swami Vivekanand Nagar, near Amol
Kirana shop and Khushi Residency, below Neem tree when Aditya
Pingale
son
of
informant
was
standing,accused
Suraj
Chaorskar,Chetan Chatur, Sonu Korale, Harsha Kakad, Gaurav
..2..

Thorat, Ajas, applicant Adtiya Gangurde, and other accused came
there by motorcycle bearing No. MH15/DF 8024, having Koyata,
Sword, wooden log in their hands and struck him by aforesaid
weapon and by fist and kick blows, due to which Aditya Pingale
fell down. Thereafter, they ran away from the spot. Hence,
informant lodged FIR against accused.
5.

Learned counsel
Mr. Kasliwal
vehemently submits
that, applicant has withdrawn his application for anticipatory bail
which was filed before the Hon’ble High Court against the order of
rejection of bail application of the accused by the Sessions Court.
According to him, now charge­sheet has been filed against the
other accused persons. In the circumstances, arrest of the accused
is not necessary. His image will be maligned in the society, if he is
arrested. Arrest herein is merely empty formality which is not at
all justified.
6.

Perusal of record reveals that, offences are serious in
nature. Prosecution witnesses state about direct involvement of the
accused in the crime. Lethal weapons are allegedly used in the
aforesaid crime. Victim has sustained serious injures which are
simple as well as grievous in nature. Offence is serious in nature
and it is punishable with life imprisonment. Accused is absconding
since beginning. As per call details, present applicant appears to be
inconstant touch with main accused Chetan Chatur. Co­accused is
yet to be arrested. Offence has been committed in broad day light
in the company of harden criminals against whom various criminal
cases are pending in the police station. Previous application for pre­
..3..

arrest bail has already been rejected by me. Filing of charge­sheet
against other accused persons does not make the arrest of the
accused unwarranted and un­necessasry.
7.

In
the
circumstances,
custodial
interrogation
is
necessary. Applicant may hamper or tamper prosecution witness or
evidence. Consequently, I am not inclined to exercise my discretion
in favour of the applicant. Hence, the order.
ORDER
This application stands rejected.

Date : 12.09.2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.