CNR
MHNS010035672022
Order below Exh.1 in Cri. Bail Application No.881/2022.
[ Ajay Naval Borse Vs. State ]
This bail application is moved by the applicant­accused
Ajay Naval Borse for releasing him on bail under section 439 of
Cr.P.C., in connection with CR No.119/2022 registered with Wani
Police Station, Tal. Dindori for the offence U/sec. 304(A), 304(ii),
279, 336, 337,338,427 of Indian Penal Code and under section 184,
130, 177, 190, 192, 194, 66(1)/196 of the Motor Vehicle Act, 1989,
registered on 3.6.2022. Applicant­accused was arrested on 7.6.2022
and produced before the Court and remanded to Magisterial custody
8.6.2022 and since then he is in jail. This is first bail application.
2.

It is stated in the application that, he is resident of
Anjanvihare, Tal. Bhadgaon, Dist. Jalgaon and is working as labour in
Dindori Taluka and when he was traveling in tractor for labour work
alleged accident took place on 2.6.2022. He has not committed any
offence and falsely implicated in this crime.

He is alone earning
member in his family and had not driving the tractor at the time of
accident. Applicant­accused is ready to abide all conditions laid down
by this court. Investigation is completed and now the charge­sheet is
filed in the lower Court bearing RCC N.153/2022. Therefore, no
purpose would be served by keeping the applicant­accused behind
the bar. Hence, prayed to grant bail on the grounds set­out in the
application.
3.

Application is opposed by the State by filing say/report
Exh.5 and submitted that, offence is serious, applicant­accused is
responsible for the alleged accident as he is driver of the said tractor
and without licence and without taking care of the labour and travel
..2..

the labour illegally in the tractor trolley. The applicant­accused is
present on the spot as per CDR report.

Hence, prayed to reject the
application.
4.

The learned counsel Shri. Bhalerao submitted that
applicant­accused has been implicated falsely. He is not driver of the
said tractor and there is no negligence on his part. The offence under
section 304 part II of IPC is not made out against the present
applicant­accused. He submitted that investigation of the crime is over
and charge­sheet is filed in the lower court. The applicant­accused is
ready to abide the conditions laid down by this court. Hence, prayed
to allow the application.
5.

On perusal of the record, it appears that the accident took
place on 2.6.2022 while carrying the labour with tractor trolley. The 7
labours are died in the said accident and other labours are sustained
grievous injuries, who are hospitalized. The investigating papers
further discloses that there was dispute between the labours and the
contractor regarding payment of wages and the labours had taken
stand to leave the work and returned to their native place in Jalgaon
District and therefore, they requested to the contractor to make
arrangement of Eicher Tempo, however, the contractor had made
arrangement of tractor and trolley which was protested by the labours
as the number of labours and their family members in large number
and they have to travel alongwith their luggage and therefore, the
contractor further arrangement another trolley and compelled them to
travel in those trolleys. Subsequently, unfortunate incident had
occurred on a hilly road.
The Hon’ble Bombay High Court while considering the bail
application in respect of the offence punishable under section 304(ii)
Cri. Bail Application No.881/2022 .
..3..

of IPC in Shahabuddin @ Sunny Sarfuddin Vs State of Maharashtra
2018(5) RCR (Cri) 184, has held that,
“Section 304 does not create an offence, but provides for
punishment for culpable homicide not amounting to murder. If
the death is caused and case is covered by any of the five
exception of section 300, then such culpable homicide is not
amounting to murder. If the act is done with the knowledge
that it is likely to cause death, but without any intention to
cause death, or to cause such bodily injury as is likely to cause
death, the case would be covered by section 304(ii) of IPC.
Before a charge under section 304(ii) can be invoke the
material must at least prima faice show that, the accused is
guilty of culpable homicide and act allegedly committed by him
must indicate that the accused had done an act which had
caused death with at least such knowledge that he was by such
act likely to cause death”.
6.

The statement of witnesses recorded during the course of
investigation discloses that the applicant­accused was compelled by
the contractor to drive the tractor in the circumstances when the
earlier driver of the tractor refused to drive the tractor on hilly road as
he guessed risk
7.

.

The applicant­accused are in jail since 7.6.2022. The
learned counsel for applicant­accused submitted that there is no
criminal antecedent against the applicants­accused. The fact is not
disputed by the prosecution.
8.

Considering the aforesaid circumstances, I am inclined to
allow the application for bail. Hence, following order.

ORDER
1.

Application is allowed.

2.

Applicants­accused Ajay Naval Borse, in connection with CR
No.119/2022 registered with Wani Police Station, Tal.

..4..

Dindori for the offence U/sec. 304(A), 304(ii), 279, 336,
337,338,427 of Indian Penal Code and under section 184,
130, 177, 190, 192, 194, 66(1)/196 of the Motor Vehicle Act,
1989, be released on bail on executing bond of Rs.30,000/­
with one or two surety in like amount.
3.

He shall not abscond or tamper with the witnesses.

4.

He shall furnish his address proof aadhar card of his two near
relatives alongwith mobile numbers.

5.

He shall attend the lower court on fixed date.

6.

In the event of breach of any of the conditions, their bail
bonds shall be liable to be cancelled.

7.

Bail in lower Court.

Date­06.08.2022
SHINDE
MADHAV
A
Digitally signed
by SHINDE
MADHAV A
Date: 2022.08.06
18:06:46 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.