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Cri.B.A.No.1358/2022
Criminal Bail Application No.1358/2022
CNR No. MHNS10056612022
[Akash Ramesh Nalawade etc.3 V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I253/2022 of Adgaon P. S., for offences punishable under
Sections 141, 143, 147, 148, 149, 324, 326, 504, 506 of I.P.C., on
the basis of FIR lodged by Minesh Manilal Rathod.
2.
Bail application is filed on the ground that the applicants
are innocent and have been falsely implicated in the case. That they
are doing agricultural work and permanent residents of Nashik.
They never demanded liquor from witness Ajay Patil. Due to
previous rivalry, FIR is lodged against them. Bail application before
JMFC was rejected as investigation was in progress. Now
investigating is practically completed. They never assaulted by sharp
weapon. They have cooperated in the investigation. No weapon is
seized from the applicants. Sec.326 of IPC is not attracted. They will
not hamper with prosecution evidence. They are ready to abide by
all the terms and conditions imposed by the Court. On these main
grounds and others have prayed for bail.
3.
Notice was issued to State. State appeared through Ld.
APP Smt.Sulabha Sangale and filed say resisting for grant of
application on the grounds that coaccused are still absconded.
Statements of important witnesses are to be recorded. If released,
accused will pressurize witnesses and will commit cognizable
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Cri.B.A.No.1358/2022
offences. Investigation is to be done whether there are criminal
antecedents against accused. There is a possibility that accused will
flee away and will not attend the court. On these main grounds and
others have prayed for rejection of bail application.
4.
Heard Ld. Advocate Mr.Chavan for applicant. Perused
bail application. Heard Ld. APP Smt.Sulabha Sangle. Perused police
papers and say filed by Adgaon police station.
5.
On perusal of F.I.R. as well as case papers, it is apparent
that, Ajay Patil was assaulted on his head, left shoulder, stomach by
accused namely Akash Nalawade, Vikas Nalawade, Akshay Bejekar
and Dipak Bejekar. When the informant and his friend went to
intervene, even they were assaulted. The applicants were arrested
on 20.10.2022. The police report does not mention that health of
the injured is serious. The investigation is practically completed.
The report of the police does not show any criminal antecedents
against the applicants. The applicants are permanent residents of
Nashik. They shall be available for trial. The offence is triable by the
JMFC court. Hence, on certain terms and conditions, discretion can
be exercised in favour of the applicants who are in their youth.
Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). Akash Ramesh Nalawade [applicant no.1], Vikas Ramesh
Nalawade [applicant no.2], Akshay Sandip Bejekar [applicant
no.3] and Dipak Sandip Bejekar [applicant no.4] be released
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Cri.B.A.No.1358/2022
on bail in Cr.No.I253/2022 of Adgaon P. S., for offences
punishable under Sections 141, 143, 147, 148, 149, 324, 326,
504, 506 of
I.P.C., on furnishing a PR and SB of
Rs.15,000/ each with one solvent surety of like amount on
following conditions.
(a). They shall attend Adgaon Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). They should furnish two documents about their identity proof
and two documents in respect of identity proof of his relatives.
(c). They shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 17/11/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.17
17:52:32 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.