MHNS010043162022
Order below Exh. 1 in Criminal Bail
Application No. 1002/2022.
1.

This is an application moved by the applicant/accused Akash
Sunil Khandare under section 439 of the Code of Criminal Procedure in
C.R.No.134/2022 registered against accused at Adgaon Police Station for
the offence punishable under sections 307, 323, 504, 143, 147, 148, 149,
427 of the Indian Penal Code and section 135 of the Mumbai Police Act.
2.

It is submitted by the accused that he has not committed any
offence and has been falsely implicated in the crime. Accused had moved
an application for bail earlier which has been rejected. During the said
period investigation is completed. Charge­sheet has been filed. Hence,
there is change in circumstances. As investigation is completed no purpose
would be served to keep the accused behind bar. Allegations are made
against accused Gatya, Sushant Nathe and no role has been attributed to
the present accused.

Merely because accused is the real brother of
accused no. 3 he has been involved in the present crime. Complainant has
not stated the name of the present accused. There is no incriminating
evidence against the accused.

He has not caused any assault to the
complainant. Injured has been discharge. Nothing has been seized from
the accused, hence, prayed that he be released on bail.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused has committed serious offenece
and there is ample evidence against the accused. It is transpired in the
investigation that accused was present at the scene of offence and he has
assaulted the complainant by stick, fist and kick blows. Co­accused are
habitual offender against whom offences are registered at Adgaon and
Upnagar Police Station. If he is released on bail he commits similar type
of offence and caused terror in the vicinity of Jatra Hotel. Complainant
and accused are resident of the same area due to which there is possibility
that he will threaten the witnesses and interfering the investigation.
Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. On perusing
the case papers it is seen that charge­sheet has been filed against the
accused. It is argued by the Advocate for the accused about investigation
is complete and no purpose would be served in keeping the accused
behind bar. However, on perusing the FIR specific role has been attributed
to the present accused as complainant has stated that Sushant Nathe came
along with 6 to 7 friends. Sushant Nathe assaulted him by iron rod on his
head and he fell down at that time Sushant Nathe and his friend with the
intention of killing him started throwing stone on him and caused grievous
injury. Complainant has given supplementary statement wherein he has
categorically stated that he did not remember the name of the accused
when he gave his complaint and stated that Tushar Savant assaulted him
by iron rod whereas Rahul Khandare, Akash Khandare, Yuvraj @ Gatya
Nikam and Amar Mali assaulted him by bamboo stick and fist and kick
blows. Complainant has identified the accused persons in IT parade.
5.

On
perusing
the
medical
certificate
it
reflects
that
complainant has sustained fracture injury on his head which is grievous in
nature. This is the second bail application preferred by the accused,
however, it is settled preposition that mere filing of charge­sheet is no
change of circumstances. The contentions raised by the Advocate in the
present application are already dealt in the earlier application. No new
grounds are made to consider the present application. The accused
persons with common intention have committed criminal act along with
Sushant Nathe who has caused grievous injury. Complainant has stated
that after the assault by Sushant all the accused persons have thrown
stone on his head. If accused is released on bail there is every possibility
that he will threaten the witness as they all are resident of the same
vicinity. In such circumstances there is prima facie involvement of the
accused in commission of the offence, hence, I am not inclined to released
the accused on bail and proceed to pass following order :­
ORDER
Application is hereby rejected.
Sd/­xxx
Nashik.
Date : 23/08/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.