CNR No. MHNS010018152022
Order below Exh. 1 in, Cri. Bail Application No. 476/2022
( 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 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 cooperate investigation.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say filed by I.O (Exh.4) and strongly objected this application.
I.O. is present alongwith police papers.
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 Akash kept deceased in the middle of the motorcycle. However, instead of taking the deceased to the hospital, they threw the deceased away at
Mile, in the open place near Adgaon precinct. Applicant is arrested on 27.02.2022 and till today, he is in judicial custody. Offence is serious.
Applicant has been named in the FIR and investigation is incomplete.
Witnesses state that, there is direct involvement of the applicant. He may hamper or tamper prosecution witnesses and evidence. Charge sheet is yet to be filed. Considering the facts and circumstances of the case, for investigation on above grounds custodial interrogation is necessary. Above grounds stated by the learned counsel of the applicant is not just and satisfactory to released him on bail.
Consequently, I am not inclined to exercise my discretion in favour of the applicant. Hence, the following order.
ORDER
This application stands rejected.
( S.T. Tripathi) Date :18.04.2022. Additional Sessions Judge7, Nashik.