Cri. Bail Appl. No.866 of 2022 (Or Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application. No.866 of 2022
CNR No.MHNS010035222022
Ajay Sunil Chafalkar
Age : 21 years, Occ : Labour
R/o : Pendharkar Colony,
Sane Guruji Nagar, Jail Road,
Nashik Road, Tal. & Dist. Nashik.

… Applicant/accused.

V/S
State of Maharashtra
Through : Upnagar Police Station.
(C.R. No.I­278/2021)
… Respondent.

Appearance :
Ld. Adv. Shri. Amit C. Pradhan for Applicant.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent.
ORDER BELOW EXH. N0.1
(Delivered on 13th July, 2022)
1.

Read the application and say filed by the respondent vide Exh.4.

Heard Ld. Advocate for the applicant and Ld. A.P.P. for the State.
2.

Crime stood registered bearing C.R. No.I­278/2021 registered
with the respondent Upnagar Police Station for an offence punishable under
Cri. Bail Appl. No.866 of 2022 (Or Exh.1)
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Sections 307, 323, 504 & 506 r/w 34 of the Indian Penal Code against the
applicant and other two accused persons, for an allegations that the accused
persons assaulted the said injured Rahul Chafalkar by means of sickle on his
stomach.
3.

It is argued by Ld. Advocate for applicant that the other two
accused persons are enlarge on bail by the Court and the copies of bail order
are filed on record. He further submits that, Charge­sheet is also filed in the
Court and the injured is discharged from the Hospital. Therefore, prayed to
allow the application on any terms and conditions.
4.

On the other hand, Ld. A.P.P. for the State submits that alleged
offences are serious in nature. There is an involvement of applicant in the
Crime. The articles came to be seized under the panchanama under Section 27
of Indian Evidence Act. The applicant and the injured are resident of same
area. The applicant may threaten and pressurize the complainant and the
witnesses. Therefore, prayed to reject the application.
5.

Upon hearing and going through the material placed on record,
what can be gathered is that, in a Haldi programme of marriage the injured
Rahul was dancing and got pushed and therefore it seems that some dispute
arose. Later on it was converted into alleged incident, wherein it is alleged that
the applicant assaulted injured Rahul by means of iron sickle on his stomach
and thereby caused grievous injury. The applicant has refuted the allegations.
However, the fact is that the victim sustained injured on his stomach, which is
vital part of body. He is discharged from the hospital. Charge­sheet is filed in
the Ld. J.M.F.C., Court. Upon considering the submissions of both Ld.
Advocates, this Court finds that by imposing certain conditions, the
Cri. Bail Appl. No.866 of 2022 (Or Exh.1)
3
apprehension of the respondent can be taken care of. Therefore, the applicant
is required to be admitted to bail. In the result, the following order.
ORDER
1.

Criminal Bail Application No.866 of 2022 is allowed.

2.

Applicant Ajay Sunil Chafalkar be released on bail in connection with
C.R. No.I­278/2021 registered with the respondent Upnagar Police
Station for an offence punishable under Sections 307, 323, 504 & 506
r/w 34 of the Indian Penal Code on his executing a personal bond of
Rs.25,000/­ with one or more solvent sureties to the satisfaction of the
concerned Ld. J.M.F.C.

3.

Applicant not threaten and pressurize the complainant and the
witnesses.

4.

Applicant not to commit similar offence in future.

5.

Bail before Ld. J.M.F.C., Court, Nashik­Road, Nashik.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 13/07/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.07.13
16:51:18 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.