1 MHNS010048112022 Order below Exh. 1 in Criminal Bail Application No. 1120/2022.

1.This is an application preferred by applicant Akash Bhaskar Falke for bail 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 is resident of the given address. He is not likely to abscond. In the FIR complainant has stated in all six persons assaulted him but seven persons are arrested. Complainant has not given description of the person who assaulted him. At the time of remand of the present accused complainant was admitted in the hospital. Hence, his arrest is suspicious. 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. There is sufficient evidence against the accused.

Investigation is in progress. Charge­sheet has to be filed if accused is released on bail there is possibility of threatening the witnesses and possibility of committing similar type of offence. 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 there is delay of one day in lodging the complaint. No weapon or vehicle and ink are recovered at the instance of the accused. His wearing clothes have been seized. FIR does not reflect the name of the present accused. Allegations has been made against six accused and seven accused have been arrested. Accused is not member of any party. There are no criminal antecedents. Hence, prayed that bail be granted. On the other hand Ld. APP submits that grievous injury has been caused on the leg and head by unknown person. 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 FIR complainant has stated that on two motorcycle six persons had obstructed his motorcycle from them one of the person assaulted him on his head by stick. The other person splash ink on him and other person assaulted him by kick blows and one of them assaulted him on his left leg with stick and thereafter ran away.

Considering the medical certificate it is seen that he has sustained grievous injury and was admitted in hospital from 18.07.2002 to 27.07.2022.

6.Much argument was made by the Advocate for the accused that complainant has not given description of the accused person who has assaulted him, however, case papers reflect that accused has been identified in the I.T. Parade, hence, the contentions of the accused cannot be considered. Accused was arrested on 29.07.2022. I.O. has contended that investigation is in progress. Charge­sheet has to be filed. If accused is released on bail he will threaten the witnesses. Considering the nature of offence with which accused is charged as well as nature of injury caused to the complainant I am not inclined to released the accused at this stage as investigation is in progress. Hence, I proceed to pass following order :­

ORDER

Application is hereby rejected.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 17/09/2022. Additional Sessions Judge, Nashik.