Cri. Bail Appl. No.1318 of 2022 (Or Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application. No.1318 of 2022
CNR No.MHNS010055432022
Ambu Mallu Dhangar
Age : 33 years, Occu.: Business
R/o : Vaiduwadi, Sinnar,
Tal.Sinnar, Dist. Nashik.

… Applicant/accused.

V/S
State of Maharashtra
Through – Sinnar Police Station
(C. R. No.I­434 of 2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. Sameer Inamdar for Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Shri. S. S. Awari, P.S.I., Sinnar Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 09th December, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in connection C.R. No.I­434 of
2022 registered Respondent/Sinnar Police Station under Sections 307, 324,
504, 506, 143, 147, 148 and 149 of the Indian Penal Code and under
Section 37(1)/135 of the Mumbai Police Act.
2.

Read the application and the say filed by the respondent vide
Exh.4. Heard Ld. Advocate for applicant, Ld. A.P.P. for the State and the
Cri. Bail Appl. No.1318 of 2022 (Or Exh.1)
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I.O. Perused the police­papers produced for inspection by the I.O.
3.

It is alleged by the prosecution that, on 08.10.2022 at about
04.15 p.m. in front of Hotel Gondeshwar Raswanti and Nasta on
Gangavesto Naigaon road, Sinnar the incident had taken place. Applicant
and other accused persons formed unlawful assembly and accused No.1
assaulted the complainant on his head by the handle of the sword and
accused No.2 assaulted the complainant on his head from behind by iron­
rod. Applicant, accused Nos.4 and 5 and other 4/5 persons assaulted the
complainant on his stomach and back by fists and leg blows. The
complainant sustained grievous injury and was taken to the Hospital and
later on the matter was reported to the Police.
4.

It is the case of the applicant that, he is falsely implicated.

Nothing is to be recovered or discovered at his instance. Custodial
interrogation of the applicant is not necessary. Ready to abide by the terms
and conditions likely to be impose by the Court. Therefore, prayed to allow
the application.
5.

The grounds of objection are that, offence alleged is serious in
nature. Investigation is in progress. Muddemal is to be recovered. Custodial
interrogation of applicant is necessary. There is likelihood that, the
applicant may threaten and pressurize the complainant and the witnesses
and tamper with the evidence. Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, this Court rejected the pre­arrest bail
application bearing No.1265 of 2022 of accused No.4 Sunny Dhangar and
accused No.5 Prashant Shinde on 19.10.2022, against which they
Cri. Bail Appl. No.1318 of 2022 (Or Exh.1)
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approached the Hon’ble High Court by way of anticipatory bail application
No.3193 of 2022 and the Hon’ble High Court on 21.11.2022 granted
interim bail till next date and listed the matter on 05.12.2022 and now it is
listed in the month of January­2023. It is argued that, the role of accused
Nos.4 and 5 is similar with that of the present application. Nothing is to be
recovered or discovered at the instance of the applicant was argued by Ld.
Advocate for the applicant.
7.

Now, in this backdrop, if we consider the case in hand, one
will find that for one incident two F.I.R. are filed by both the parties.
Perusal of the police­papers reflect that, complainant was injured and was
admitted to the Hospital and thereafter he was taken in custody by the
Police in counter case filed by the side of applicant. The weapon used in the
crime is required to be seized. Offence alleged is serious in nature.
Custodial interrogation of the applicant is necessary. Though the role of
applicant was of assaulting the complainant by fist and leg blows, still there
was an active participation of the applicant in the crime, as he instigated the
accused Nos.1 and 2 and others. The Hon’ble High Court has granted
interim protection and not finally decided the application before it.
Therefore, the interim order passed by the Hon’ble High Court can not be
considered for deciding this main application. In the result, the application
fails. Hence, the order.
ORDER
1.

Criminal Bail Application No.1318 of 2022 stands rejected.

2.

Inform the said order to the I.O.

Place : Nashik.
Date : 09/12/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.12.09
18:08:43 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.