Cri. Bail Appl. No.491 of 2022 (Or Exh.1)

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application. No.491 of 2022
CNR No.MHNS010019052022

Ajay Sunil Chafalkar
Age : 21 years, Occ : Labour
R/o : Sane Guruji Nagar, Sanjay
Gandhi Nagar, Jail Road,
Nashik­Road, Tal. & Dist. Nashik. … Applicant/accused.

V/S

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

Appearance :
Ld. Adv. Shri. Gulam Mustafa H. Shaikh for Applicant.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent.
Shri. Aajinath Batule, PSI (I.O.) present.

ORDER BELOW EXH. N0.1

(Delivered on 22nd April, 2022)

1.Read the application and say filed by the respondent vide Exh.6. 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 Sections 307, 323, 504 & 506 r/w 34 of the Indian Penal Code against the applicant and other two accused persons, for an Cri. Bail Appl. No.491 of 2022 (Or Exh.1)
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 there was Haldi programme and in that programme the said Rahul was dancing and there was a dispute as regards the fact that he was pushed while he
was dancing and therefore the allegations is that while said injured was walking at Jogging Track at Shikharewadi ground, the accused persons assaulted him by means of iron sickle on his stomach and caused grievous injury. It is the case of the applicant that he has also filed a counter case against the applicant and his relatives. The applicant is falsely implicated in this Crime. The sickle is seized. Investigation is completed and Charge­sheet is filed in the Ld. J.M.F.C. Court. The applicant will abide by the terms and conditions. Therefore, prayed to allow the application.

4.On the other hand, Ld. A.P.P. for the State submits that alleged offence is 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 was absconding. Another accused is yet to be arrested. 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 a vital part of body. He is discharged from the hospital. Charge­sheet is filed in the Ld. J.M.F.C., Court. The applicant was absconding. The bullet used in this matter is required to be seized. Investigation as regard, this applicant is to be carried­out, for that, custodial interrogation of this applicant is necessary. Therefore, the application fails. Hence, the order.

ORDER

Criminal Bail Application No.491 of 2022 is rejected and disposed off accordingly.

MUSHTAQUE HUSSAIN SHAIKH Place : Nashik. Date : 22/04/2022 Digitally signed by MUSHTAQUE
HUSSAIN SHAIKH Date: 2022.04.22 17:07:11 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.