CNR No. MHNS010023372022
Order below Exh.1 in Cri. Bail Application No.583/2022.
( Amit Chandrakant Aadole Vs. State )
The first bail is moved by the applicant­accused Amit
Chandrakant Aadole under section 439 of Cr.P.C. in connection
with CR No.9/2022 registered with Igatpuri Police Station, Dist.
Nashik for the offence U/s. 302,307,452,427,143,147,148,323,
504, 506 r.w.s. 149 of the Indian Penal Code, under section 4/25
of the Arms Act and section 37(1)(3) r.w.s.135 of the Maharashtra
Police Act.
2.

It is stated in the application that, the present
applicant­accused was arrested on 3.3.2022 and he was produced
before learned JMFC, Igatpuri and was remanded to Police custody
till 6.3.2022 and since then he is in Magisterial custody. It is also
stated that, his name is also not mentioned in the FIR and the
charge­sheet is filed in the court bearing RCC No.56/2022. It is
further stated that, during investigation it is not revealed that he
had committed any offence and no allegation is made out against
him. It is also stated that he is innocent and not at all concerned
in any of the criminal activities mentioned in the FIR, these and
other grounds set out in the application, prayed to allow the
application.
3.

Application is opposed by the State by filing report vide
Exh.5.
4.

Perused the record. Heard, both the parties.

5.

The learned counsel for applicant­accused Shri. Navale
has submitted that the name of the applicant­accused is not
mentioned in the FIR as an assailant by the first informant. So far
..2..

as report filed by the police is concerned, it is also not specifically
pointing out any role against the applicant­accused and his
antecedents are clean.

Therefore, considering this fact, the
applicant­accused may be enlarge on bail on terms and condition
laid down by this court.
6.

On the other hand, learned APP Smt. A.P. Patil has
submitted that the said incident had occurred on day time, 30 to 40
persons have collectively assaulted the son of first informant and
his friends and in the said incident one Rahul Ramesh Salve was
murdered and the son of first informant sustained serious injuries.
She further submitted that applicant­accused is identified in the
CCTV footage and there is sufficient evidence against the applicant­
accused that at the relevant time and place, applicant­accused was
member of the unlawful assembly . Therefore, prayed to reject the
application.
7.

I.O. is present with case papers. His clothes and mobile
are seized during the course of investigation, therefore, prima facie
there is sufficient material on record to attribute the role of present
applicant­accused in the commission of crime and confirmed the
fact that present applicant­accused has played active role in
commission of the crime.
8.

On perusal of the charge­sheet, it appears that the
applicant­accused is identified in the CCTV footage and was shown
as an member or unlawful assembly. However, except this piece of
evidence and recovery of his clothes and mobile during the court of
investigation, there is nothing to attribute to role of applicant­
accused in commission of the crime. There is no statement of any
Cri. Bail Application No.583/2022.
..3..

witness to show that the accused had played active and vital role in
commission of the murder of the victim or causing deadly injury to
the another survived injured witnesses. Therefore, considering the
above role played by the applicant­accused in commission of the
crime and the fact that the charge­sheet is filed, investigation is
completed and further fact that the prosecution failed to produced
any criminal record of the applicant­accused, the present bail
application needs to be allowed with certain conditions. In the
result, following order is passed.
ORDER
1.
2.

3.
4.
5.
6.

7.
8.

Bail application No.583/2022 is hereby allowed.
Applicant­accused Amit Chandrakant Aadole in connection
with CR No.9/2022 registered with Igatpuri Police Station,
Dist. Nashik for the offence U/s. 302,307,452,427,143,
147, 148,323,504,506 r.w.s. 149 of the Indian Penal Code,
under section 4/25 of the Arms Act and section 37(1)(3)
r.w.s.135 of the Maharashtra Police Act, be released on bail
on executing bond of Rs.30,000/­ with one or two sureties
in like amount.
He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.
He shall not threaten or tamper the prosecution witnesses
in any manner.
He shall attend the Court on given dates.
In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.
Bail in lower court.
Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 06.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.06
17:42:06 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.