Order below Exh.1 in Cri. Bail Application No.5/2022. CNR MHNS010000242022
{ Akshay Ambadas More Vs. State of Maharashtra }
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.
2.This application is moved by the applicant Akshay Ambadas More praying to release him on bail in connection with the CR No.391/2021 registered with Wavi Police Station under section 307,395,120(B) r.w.s.34 of the Indian Penal Code.
3.It is stated in the application that, applicantaccused is no way connected with the alleged crime. The applicant is only 21 years old. He is taking education in college. He was not present on the spot of incident and therefore, no purpose will be served by keeping the applicantaccused behind the bar. Hence, prayed to allow the application.
4.I.O. has filed his report dated 21.1.2022 and opposed the bail application.
5.Heard, learned APP. The learned counsel for applicant accused is remained absent when called for. The bail application is pending since long. Roznama shows that the learned counsel is remained absent on various dates and is not available for arguments. Therefore, the application is decided on merit.
6.Perused the record. It appears that on 24.11.2021 at about 2.15 a.m. accused have committed dacoity in the house of first informant Yogesh Sarode at Sarode Mala, Maldhone, Tal. Sinnar, Dist. Nashik. From the FIR it appears that he and his family were sleeping in their house and in the court yard of the house, the accused came there and brutally assaulted his mother, father, grand mother and son when he heard cry, he woke up and came outside of his room and saw that 10 to 12 persons were beating his parents, grandmother and son, one of the accused assaulted by beer bottle on the head of his father, one of the accused holding iron rod had assaulted his father by the said iron rod. Meanwhile 5 to 6 accused entered in his house and they snatched golden mangalsutra, neckless and other ornaments from his wife.
7.From the police papers placed on record, it appears that, the name of present accused is disclosed from the accused who was apprehended on spot. Therefore, there is prima facie case against him. The offence is serious. Hence, application is devoid of merit.
Therefore, following order is passed.
O R D E R
1.Bail Application No.5/2022 is hereby rejected.
2.Inform all the concerned accordingly.
SHINDE Digitally signed by MADHAV SHINDE MADHAV A Date: 2022.02.24 A 18:06:54 +0530 ( M. A. Shinde ) Date: 24.02.2022 Additional Sessions Judge8, Nashik.