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Cri.B.A.No.1639/2020
Criminal Bail Application No.1639/2020
CNR No. MHNS010044782020
[Akil Amar Patel V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I274/2020 of Sinnar MIDC P. S., for offences punishable
under Sections 379 of I.P.C., on the basis of FIR lodged by Satish
Rajendra Naik contending therein that in between 19.9.2020 from
7.00 p.m. till 20.9.2020 03.30 a.m., his Omni Car bearing No.MH
15BN8218 and Golden colour of Bajaj Discover motorcycle bearing
No.MH15DH3520 of witness Nikhil Dattatraya Shinde were stolen
by unknown person.
2.
Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That
investigation is completed. Statements of all material witnesses has
been recorded. Nothing is to be recovered or discovered at the
instance of applicant. There is no need to detain applicant behind
bar. He is permanent resident of Shirasgaon, Dist.Nashik. There are
no criminal antecedents against applicant. He will cooperate with
investigating machinery and will abide by all terms and conditions if
any imposed by the Court. On these main grounds and others have
prayed for bail.
3.
Notice was issued to State. State appeared through Ld.
APP Mr. Kotwal and filed say resisting for grant of application on
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Cri.B.A.No.1639/2020
the grounds that the offence is of theft. Crimes are registered
against accused in MIDC Sinnar and Peth police station. If released
on bail, there is possibility of tampering with prosecution evidence
and committing same type of offence in future. On these main
grounds and others have prayed for rejection of bail application.
4.
Heard Ld. Advocate Mr.Tele for applicant. Perused bail
application. Heard Ld. APP Mr.Kotwal. Perused police papers and
say filed by MIDC Sinnar police station.
5.
Mr.Tele reiterated all the contents of application and
also relied upon Vijay vs. State of MP in M.Cr.C.No.45913/2020
of Hon’ble Madhya Pradesh High Court as well as in Anna S/o.
Dashrath Khadke and Anr. vs. The State of Maharashtra in Bail
Application No.49 of 2020 of Hon’ble Bombay High Court. Per
contra, APP Mr.Kotwal relied upon the say filed by MIDC Sinnar
police station.
6.
On perusal of F.I.R. as well as case papers, it is apparent
that, the FIR is against unknown person for stealing the vehicles i.e.
Maruti Omni and Golden colour Discover motorcycle belonging to
the informant and witness. Investigation papers reveals that the
Omni Car of the informant is recovered at the instance of accused
persons. It is settled principle that bail is rule and jail is exception.
However, to qualify for this rule, there should not be any criminal
antecedents and moreover there should be assurance that after
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Cri.B.A.No.1639/2020
release on bail, the applicant shall not repeat such offences. In the
instance case, it can be seen that the present applicant is involved in
similar type of offences in Crime Nos.321/2020 and 322/2020
registered with MIDC Sinnar police station, Crime No.55/2020 at
Peth police station and there are also similar offences registered
with Kotwali police station Ahmadnagar and Nevasa police station.
From the material available, it is ample clear that present applicant
along with other coaccused persons are carrying out offences of
theft hand in glove with each other in planned manner. It can be
gathered that all these offences involved theft of vehicles. The
investigation is still in progress. After going through both the
citations filed by the Ld. Advocate, the applicant did not have
criminal antecedents. Hence, the ratio laid down in both citations is
not applicable to the facts and circumstances of the present case. In
this scenario, it will not be appropriate to exercise discretion in
favour of the applicant. Hence, I proceed to pass following order.
ORDER
(1).
Application stands rejected.
Nashik.
Date : 01/12/2020
Vardhan
Prataprao
Desai
Digitally signed by
Vardhan Prataprao
Desai
Date: 2020.12.01
14:11:11 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.