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MHNS010031222022
Order below Exh. 1 in Criminal Bail
Application No. 779/2022.
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 is innocent and has
been falsely implicated in the crime.
Accused no. 3 is the brother of
present applicant hence and his name has been falsely implicated. FIR
does not reflect the name of the present applicant. There are no direct
and indirect allegations against the present accused. General allegations
are made against him. Present accused has not assaulted anybody nor
grievous injury has been caused by him. Complainant has been discharge
from the hospital and he is pursuing his day to day affairs. Offence under
section 307 is not attracted, hence he is ready to abide by all the terms
and conditions. Hence, prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, accused has committed serious offenece
of which investigation is in progress. There is ample evidence against the
accused. Accused was present at the scene of offence and he has assaulted
the complainant by stick, fist and 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
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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. Perused the
case papers. It is argued by the Advocate for the accused that name of the
accused is not reflected in the FIR, there is delay of 32 hours in lodging
the complaint. There is no recovery at the instance of the present accused.
Complainant is discharge, hence, prayed that accused be released on bail.
5.
At the outset it is seen that the incident has occurred as there
was delay in delivering the Egg Roll on the part of the Hotel. Complainant
was abused when he stopped them he was threatened that he should wait
over there and coaccused called his friends.
Sushant Nathe and his
friends assaulted him by iron rod on his head near his ear, whereas others
have assaulted him by stone with the intention to kill him. It is seen that
in the supplementary statement of the complainant he has stated the name
of the present accused who had accompanied the coaccused. In such
circumstances there is clear intention on the part of the present accused to
commit the offence and his act is in furtherance of common intention.
6.
On perusing the medical report of the complainant it
categorically reflects that he has the following injuries : (1) occipital left
hematoma skull, (2) parietal bone CLW, (3) occipital right side
hematoma, (4) swelling of both hand, (5) both hand wrist swelling, (6)
both legs having marks of rod and the nature of injury is grievous. In such
circumstances, apparently injuries are appearing on the head and other
part of the body.
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7.
Investigating officer has submitted that, investigation is in
progress. As the accused and the complainant are resident of the same
place there is possibility that accused will threaten the witnesses, hence, I
am not inclined to released the accused on bail at this stage. Hence,
following order is passed :
ORDER
Application is hereby rejected.
Sd/xxx
Nashik.
Date : 27/06/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.