CNR
No.

MHNS010021542022
Order below Exh. 1 in, Cri. Bail Application No. 541/2022
( Akash Shivaji Pawar­applicant/accused 3 Vs. State )
This is an application for bail u/s. 439 of Cr.P.C. in C.R.No.
43/2022 registered with Adgaon police station, Nashik u/s. 306,201,176
R/w.34 of Indian Penal Code(for short “IPC”).
2.

Learned counsel Mr. W.S. Pinjari for the applicant submits
that, he is innocent person and has been falsely implicated. He has not
played any active role in alleged commission of crime. He is ready to
abide by any of the terms and conditions to be imposed by this Court.
He has got fixed and permanent place of residence and undertakes to
attend Court on each and every date of hearing.
3.

Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.4)
adopted say filed by I.O (Exh.3) and strongly objected this application.
4.

Perused record. It is the case
of prosecution that,on
25.02.2022, at about 10.00 p.m., deceased committed suicide.
Neighbours called the owner of the house who told Chhaya Gangurde
who was known to the deceased to lift him to hospital, upon which,
Chhaya Gangurde, her son Tushar Gangurde and present applicant
Akash pulled him down and told to do the same. Tushar and present
applicant kept deceased in the middle of the motorcycle. However,
instead of taking the deceased to the hospital, they threw the deceased
away at 9 Mile, in the open place near Adgaon precinct. Applicant is
arrested on 27.02.2022 and till today, he is in judicial custody. Charge­
sheet has been filed.

5.

Learned A.P.P opposed this application
on the grounds
that, offence is serious, accused has been named in the FIR. Accused
may
abscond and hamper and tamper prosecution witnesses or
evidence. However, they cannot be considered as satisfactory grounds
to deny the bail. Offences alleged are not punishable with death or life
imprisonment. Charge­sheet has been filed after completion of
investigation. His role is that,instead of taking the deceased to
hospital,he left his body on the road and fled away. Thus, from the
entire charge­sheet, no active role is assigned to the applicant in alleged
commission of offence except, discussed above. In the circumstances, no
purpose would be served by keeping him behind the bar for indefinite
period. He has got fixed and permanent place of residence. Certain
conditions may suffice the purpose. Consequently, applicant deserves for
bail. Hence, the following order.
ORDER
1.

This application stands allowed.

2.
Applicant/accused 3 Akash Shivaji Pawar shall be released
on bail, in C.R.No. 43/2022 registered with Adgaon police
station, Nashik u/s. 306,201,176 R/w.34 of Indian Penal
Code(for short “IPC”), on executing personal bond of
Rs.25,000/­, with one or two sureties in the like amount.
3.
He shall not leave India without prior permission of the
Court.
4.

He shall not tamper with the prosecution witnesses.

5.

Bail before Ld. J.M.F.C.

Date :10.05.2022.

( S.T. Tripathi)
Additional Sessions Judge­7,
Nashik.