MHNS010045292020
Order below Exh.1
in Cri. Bail Application No.1662/2020.
1 Amit Vijay Damale
2 Pratik Samsan Makasare
Vs.
State
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.
2.Brief facts giving rise to this application can be narrated as follows.
The applicants came to be arrested on 20.11.2020 in Crime No. 282/2020 for the offence punishable under sections 326, 141, 143, 147, 149 of the Indian Penal Code and 135 of the Maharashtra Police Act registered with Sarkarwada Police Station, Nashik on the accusation that on 15.11.2020 in between 9.30 to 10 p.m. in front of Tibetian Market, Nashik, the applicant accused and coaccused formed unlawful assembly, common object of which was to cause grievous hurt to the informant and accordingly, voluntarily caused grievous hurt to the informant with a sharp edged weapona dangerous weapon and thereby committed an offence.
3.The applicants contend that they have not committed any offence as alleged by the prosecution. There is nothing on record to show their involvement in the commission of offence. They are behind bar from the date of their arrest. Investigation is almost completed.
Nothing is to be recovered or discovered from them. Therefore, their further detention is not necessary for the purpose of investigation.
They are having permanent place of abode and roots in the society.
They are ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, they have prayed for bail pending trial.
4.The respondent State filed its reply and interalia denied all the adverse allegations made by the applicants and reiterated prosecution case. There is primafacie sufficient material on record to show the involvement of the applicants in the commission of the offence. If the accused are released on bail, they may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.
5.Heard learned advocate Mr. Jadhav appearing on behalf of the applicants and learned A.P.P. Mr. Gaikwad. I have also perused the investigation papers made available by the Investigating Officer.
The alleged incident took place on 15.11.2020 in between 9.30 to 10 p.m. The main allegations of assault are against Soham Kedare who is juvenile. Nothing is to be recovered or discovered at the instance of applicants. There is no reason to believe that they have committed an offence punishable with death or exclusive life imprisonment. The offences are triable by the Court of Magistrate. Material investigation is already completed. Moreover, the injured is also discharged from the hospital. The applicants are behind the bar from the date of their arrest. They are ready to cooperate in further investigation and to furnish sufficient surety. They are also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping them behind bar till filing of the chargesheet or conclusion of the trial, when they are ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicants have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.
O R D E R
1 Application is hereby allowed.
2 Applicant Nos.1Amit Vijay Damale and 2Pratik Samsan Makasare be enlarged on bail, in Crime No. 282/2020 for the offence punishable under sections 326, 141, 143, 147, 149 of the Indian Penal Code and 135 of the Maharashtra Police Act registered with Sarkarwada Police Station, Nashik, on furnishing personal bond of Rs.20,000/ each with one or two sureties each in like amount.
3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.
4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.
5 They shall attend the concerned police station on every Monday in between 10 a.m. to 01 p.m. till filing of the chargesheet and cooperate in further investigation.
6 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.
Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.15 Jadhav
17:03:15 +0530 ( Smt. S.C. Jadhav ) 15th December, 2020. Additional Sessions Judge8,
Nashik.