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MHNS010055082022
Order below Exh. 1 in Criminal Bail
Application No. 1306/2022.
1.

This is the second bail application preferred by accused Akash
Bhaskar Falke under section 439 of Cr.P.C. in C.R. No. I­201/2022
registered in Bhadrakali Police Station, Nashik for the offence punishable
under sections 307, 341, 143, 144, 147, 148, 149 of the Indian Penal
Code and section 4/25 of the Arms Act.
2.

It is contended by the accused that he is innocent. He has not
committed any offence. He was not present at the spot as alleged nor he is
possessed of any weapon.

His arrest is suspicious. No role has been
attributed to him by the complainant nor personal description has been
stated. T.I. parade is already conducted. Nothing is to be discovered and
recovered at the instance of accused. He is ready to cooperate and abide
by all the terms and condition. Hence, prayed that application is allowed.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused has assaulted the complainant
at that time complainant has seen the accused even he has been identified
in the I.T. Parade. If bail is granted he will interfere in the investigation
and threatened the witnesses. Possibility of committing similar type of
offence cannot be ruled out. Hence, prayed that application be rejected.
4.

Heard argument of Ld. Advocate for accused, Ld. APP and Ld.

Advocate of the complainant. It is argued by the Advocate for the accused
that this is a second bail application. Investigation is completed. Charge­
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sheet has been filed. Nothing incriminating has been recovered from the
accused. No overt act at the instance of the accused. Co­accused Nohar @
Rohan Dipaksing Sengar has been released on bail, hence, on the count of
parity bail be granted.

On the other hand Ld. APP submits that
complainant has identified the accused to be present on the spot.
Grievous injury has been caused. Hence, prayed that bail be rejected.
5.

On perusing the charge­sheet it is seen that Sagar Dighole
splashed ink on the complainant to which complainant objected at that
time accused Pankaj Sonwane and Suraj Rajput assaulted the complainant
with wooden stick on his head and left leg and caused grievous injury
whereas other accused assaulted the complainant with fist and kick blows.
6.

It is seen from the charge­sheet that complainant has been
discharge on 27.07.2022. On considering the role of the present accused
it is seen that he has assaulted the complainant by fist and kick blow. The
earlier bail application was rejected as investigation is in progress,
however, there is change in circumstances as investigation is completed
and charge­sheet has been filed in the Court. It is also seen that co­
accused Nohar @ Rohan is released on bail against whom same role has
been attributed at that of the present accused. Accused is in Jail since
three months. Trial will take time. Even complainant has been discharge
from the hospital. Apprehension of the I.O. can be taken care by imposing
stringent conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Akash Bhaskar Falke involved in C. R. No.
I­201/2022 registered in Bhadrakali Police Station, Nashik for the
offence punishable under section 307, 341, 143, 144, 147, 148, 149
of the Indian Penal Code and section 4/25 of the Arms Act, be
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released on bail on his executing P.R. and S.B. of Rs.30,000/­
(Rupees Thirty Thousand Only) with one or two sureties of like
amount.
3.

Accused shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the fact of the case so as
to dissuade him from disclosing such fact to the Court or Police
Officer.

4.

The accused shall mark his presence in Bhadrakali Police Station
as and when called by the Investigating Officer.

5.

The accused shall not commit similar type of offence.

6.

The accused shall furnish address proof of his local address as well
as his permanent address, photo identity and mobile number of self
and his two close relatives with their address proof. In case of
change of address he shall inform the I.O. about the same.

7.

In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.

Nashik.
Date : 21/10/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.