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Criminal Bail Appln. No. 516 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 516 OF 2022
{Aman Dayal Jadhav vs. The State of Maharashtra through Gangapur
Police Station}
This is third bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicantaccused in crime
No. 18 of 2022 registered with Gangapur Police Station, Nashik for the
offences punishable under section 307 read with 34 of the I. P. C.
02]
The applicant contended that false and fabricated case is
registered against him. He has not committed any offence. He has not
injured the complainant or the witnesses. He is falsely implicated in the
crime. Nothing remained to be seized from him and his custody is not
required. Now, charge sheet is filed before C. J. M., Nashik bearing RCC
No. 479 of 2022. No purpose will serve to keep him behind bar. His
family is dependent on him. If he is released on bail, he will cooperate
the investigation machinery. He is ready to abide by any conditions
imposed by the court. So, he has prayed for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 5. They have stated that the offence is of serious nature. The
present accused assaulted on the head of fatherinlaw of the
complainant and injured him and also caused injury on hand. The
injured is taking treatment. The weapon of the offence is seized from
him. The clothes worn by him are also seized. Investigation is completed
and charge sheet is filed against the accused. If he is released on bail, he
may threat the complainant and the prosecution witnesses and may
tamper the evidence. Hence, they have prayed for rejection of bail.
04]
Heard the learned counsel for accused and learned APP.
They have argued as per their stand taken.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers. There is primafacie case against the accused.
When the accused tried to assault on the fatherinlaw of complainant,
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that time, she intervened to save him and the accused assaulted by
means of Koyata on the head of complainant. She sustained bleeding
injury. Then, the accused assaulted on the left hand of the fatherin
law of the complainant and he was also injured. The weapon and
clothes are seized from the accused. Investigation is now completed
and charge sheet is filed. No purpose will serve to keep him behind
bar. He has no criminal antecedent. The threat to the complainant
and the witnesses from the accused can be taken care by imposing
suitable terms and conditions. The accused is entitled for bail on
suitable terms and conditions. Hence, the following order:
ORDER
01]
Application is allowed.
02]
Accused namely Aman Dayal Jadhav be released
on bail on executing personal bond of Rs. 30,000/
with one or more surety in the likewise amount
each in crime No. 18 of 2022 registered with
Gangapur Police Station, Nashik for the offences
punishable under sections 307 read with 34 of the
I. P. C.
03]
The accused shall attend police station, as and
when his attendance is required by the I. O.
04]
He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any police officer to tamper with the
evidence.
05]
He shall not tamper the prosecution evidence in
any manner.
06]
He shall not leave India without permission of this
court.
07]
He shall not commit similar type of offence.
08]
He shall furnish his detailed address with proof
and his mobile numbers.
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09]
Criminal Bail Appln. No. 411 of 2022
Bail before concerned court of Judicial Magistrate
First Class.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.04.29
15:46:42 +0530
Date : 29.04.2022
(R. R. Rathi)
Additional Sessions Judge5,
Nashik.