(Order below Exh.1) B.A.No.1079/2022

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK BAIL APPLICATION NO. 1079 OF 2022

Aditya Somnath Dalvi, ]
Age – 21 yrs., ]
Occu – Agri. & Milk business ]
r/o. Vinchur Dalvi, Tal.Sinnar, Dist. ]
Nashik. ] Applicant/accused

V/s.

The State of Maharashtra ] Respondent / Through– P.I. Sinnar Police Station) ] prosecution

Advocate Shri.S.P.Gurule for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

1] This is bail Application u/s.439 of Cr.P.C. in CR No.129/2022 for offence punishable u/s. 307, 324, 323, 504 r/w. 34 of Indian Penal Code registered at Sinnar Police Station.

2] In short, the fact of the prosecution case is that informant Mr.Jairam Dalvi is staying at Vinchur Dalvi Shivar, his sister Jijabai Pawar having agricultural land near mountain at Goldara Mala and she
has sold out some portion of his agricultural land to Yogesh Bodke to start business by name Bharat Stone Crusher. On 30.3.2022 at 10 a.m. he was going on motorcycle no. MH-15-DJ-0765 towards Khadi Crusher at Goldara Mala. When he reached in front of Baban Nivrutti Hagawane Vasti, Kailas Namdeo Dalvi uncle of applicant abused him on the ground of Water Tender given by Mr.Yogesh Badrike to applicant.

He assaulted by fist and blows and hand blows,. Accused Somnath came in Scorpio Vehicle No.1000 with his son Aditya (applicant) and one more boy. Somnath Dalvi has taken iron sickle from Scorpio assaulted twice on his head. When he boarded down he handed over sickle to Aditya who has also assaulted on his head. Kailas Dalvi brought one more sickle from Scorpio and assaulted informant on leg, parietal lobe and left hand. Therefore, he fall down. Again Somnath Dalvi assaulted and he defended by his hand and therefore sustained hand injury. One more unknown boy came in a Scorpio assaulted with sped log. Blood started oozing and he become unconscious.

Accordingly, offence under Sections 307, 324, 323, 504 r/w. 34 of Indian Penal Code has been registered.

3] The fact of the applicant’s case is that he is falsely implicated in this case. Aditya is SCC pass out and best scout guide. He is ready to abide any condition.

4] I have heard Ld.Adv. Shri. Gurgure. I have heard APP Shri.Kadave. I have heard I.O.

5] Heard both side. Perused application and say. The medical certificate issued by Shree Sankalp Hospital it revels that injured sustained grievous injuries. Most of CLW on left side parietal lobe. It is to be noted that all the CLW are deep to bone width around 1 cm.

There are multiple bruises and abrasion on the lower back and upper back. One CLW on left side of the chest deep from 1st rib to 5th rib around 10 cm. long. After perusal of FIR it reveals that the accused by hatching conspiracy brutally assaulted on the vital part of the body with dangerous weapon. It is tobe noted that accused were absconding for more than three months. In such circumstances, prima-facie it seems after seen overt act; all applicants/accused having knowledge and intention to kill; assaulted injured Jairam Dalvi. Hence, I am of the considered opinion that if the applicant/accused released on bail certainly it is dangerous to the safety of injured informant who was in hospital from 30.03.2022 to 25.04.2022. This is not case of bail. Hence, order :

ORDER

1) Bail Application below Exh.1 is rejected being devoid of merits.

2) Criminal Bail Application accordingly disposed off.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.22 13:13:51 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 22.09.2022
Nashik.