Cri.B.A.No.1715/2020

Order below Exh.01 in Cri.B.A.No.1715/2020

CNR No.MHNS010047132020

(Akash Savliram Dange & Ors. vs. State)

The applicants have preferred this application for anticipatory bail praying therein that they may be released on bail in the event of arrest in connection with CR.No.90/2020 registered with Nashik Taluka police station for the offence punishable under Sec.307, 143, 147, 148, 149, 504 and 506 of IPC and u/s 3 and 25 of the Arms Act and u/s 135 of the Maharashtra Police Act, on the basis of FIR lodged by Vishal Vilas Navle contending therein that Balu Dange, Akash Dange threatened him on phone and therefore, he had proceeded from his Swift vehicle along with Sunil Navle to the Wadiwarhe police station for lodging complaint. After doing so, at about 2­30 to 3­00 p.m. when he was behind Vilholi Furniture Mall falling in the jurisdiction of Vilholi Shivar, Tukaram Dange put his Pulsar motor cycle across their vehicle. Thereafter, other accused persons came in Balero vehicle and assaulted him by wooden logs, iron rod. When his brother Sunil Navle came for his rescue he was also assaulted. Thus, all the accused persons by forming unlawful assembly attempted to commit murder of informant and witness.

2.Bail application is filed on the ground that the applicants are innocent and falsely implicated in the case. That the informant and the applicants are relatives of each other and are residing in the adjacent village. There was one minor incident taken place in which the applicant lodged complaint against the informant. That there was no intention to attempt to commit murder. Offence u/s 307 of IPC is not made out. There was no use of revolver, iron rod etc.

That there is cross complaint. That the dispute between the applicant and the informant has been settled. That no incident alleged in the F.I.R. has taken place. On these main grounds and the others mentioned in the application have prayed for anticipatory bail.

3.Notice was issued to State. State appeared through Ld.

APP Mr. Nikam and filed say resisting for grant of application on the grounds that, the offence is serious one. Balu Dange (A­3) has used revolver. That the weapons/article, vehicles, clothes of the accused persons are to be seized. That the applicants will tamper with the prosecution evidence. Statements of important witnesses are to be recorded. Hence, bail application of all the applicants be rejected.

4.Heard Ld. Advocate Mr. Kasliwal for applicants. Perused bail application. Heard Ld. APP Mr.Nikam. Perused police papers and say filed by Nashik Taluka police station. Both the learned Advocate as well as learned APP respectively reiterated the contents made in bail application and say of the police. Apart from this, Mr. Kasliwal stressed in his argument that the matter is compromised between the informant and the applicants.

5. On perusal of FIR as well as case papers, it is contended therein that on 25/11/2020 between 1­00 to 1­30 p.m., Balu Dange and Akash Dange threatened the informant on phone and in this connection, written complaint was lodged with Wadiwarhe Police Station. When the informant and Sunil Navle were returning from the police station and were within the jurisdiction of Vilholi village, Tukaram Dange put his Bajaj Motorcycle across their vehicle.

Subsequently called the other accused persons namely Akash Dange, Balu Dange, Tushar Dange, Savliram Dange who came in white Balero and Akash Dange assaulted the informant by iron rod. Tushar Dange was having knife in his hand. Balu Dange was having pistol and wooden log. Tukaram Dange was having iron rod.

Savliram Dange was having wooden log and they all started assaulting the informant on his head, back, both hand when Sunil Navle came for rescue even he was assaulted on his head and back.

Informant’s Swift car was also damaged and even an amount of Rs.2,00,000/­ , ATM, Adhar card and licence of the informant missing.

6.The medical certificate of Sunil Navle shows five injuries out of which two are grievous in nature as he has sustained fractures to left posterior malleolus and left fabula make. There is cross­complaint in the form of Tukaram Dange i.e. applicant no.4 lodging FIR No.88/2020 for the offences punishable under section 307, 146, 147, 148, 149, 504 ,506 of IPC and u/s 3 /25 of Arms Act against Vishal Navle, Sunil Navle, Mahesh Navle, Sampat Navle, Rahul Navle, Sharad Navle, Roshan Madhukar Navle.

7.From the contents of both the FIR crime no.88/2020 and 90/2020 which are cross complaints, one can gather that there was free fight between both the parties. The FIR specifically states that there was use of weapons such as pistol, iron rod and wooden logs.

The injury certificate of informant does shows five injuries all over the body.

8.Mr. Kasliwal had argued that though in the FIR it is alleged that pistol was in the hands of Balu Dange, there was no use of the pistol and therefore section 307 of IPC is not made out. It is settled principle that while dealing with offence u/.s 307 of IPC injury does not matter what matters is the intention. From the contents of FIR it can be gathered that all the accused persons formed unlawful assembly and in prosecution of their object have assaulted the informant and Sunil Navle, resulting in grievous injury. Therefore, submission of learned Advocate Mr. Kasliwal holds no good water. As far as the issue of aggression is concerned, the spot is neither close to the house of the informant or the applicants. At this stage, it can not be commented upon as the incident has taken place on public place.

9.There is accusation against the applicants is well founded. From the contents of FIR it can gathered that there was use of pistol, iron road and wooden logs. These weapons/articles are to be recovered at the instance of the applicants. From the FIR as well as the case papers one can gather that there is need of custodial interrogation. As far as submissions of Mr. Kasliwal that both the parties are compromised as better sense prevailed upon them is concerned section 307 of IPC is non­compoundable and hence no weightage can be given to this submission of Mr. Kasliwal.

Hence, following order is passed.

ORDER

Application is rejected.

Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2020.12.15 15:38:37 +0530
Nashik. ( V. P. Desai) Date : 10.12.2020 Additional Sessions Judge, Nashik.