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Cri. Bail Appln. No.819 of 2022 (Or Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.819 of 2022
CNR No.MHNS010032872022
1.

Amol Dada Jadhav
Age : 30 years, Occ : Driver
R/o : Ramswaroop Building,
Flat No.7, Swarajya Nagar,
Pathardi Phata, New Nashik,
Nashik.

2.

Brijeshkumar Ram Khelawan
Age : 27 years, Occ : Driver
R/o : J.K. Transport, Shivpark
Colony, Behind Indoline Furniture
Company, Ambad, Nashik.

.. Applicants.

V/S
State of Maharashtra
Through – P.I. Indira Nagar
Police Station, Nashik
(CR. No.I­52/2022)
.. Respondent .

Appearance :
Ld. Adv. Shri. Amit S. Bhat for Applicants.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent.

ORDER BELOW EXH. No.1
(Delivered on 02nd July, 2022)
1.

This is an application filed under Section 439 of Criminal
Procedure Code for grant of regular bail in CR No.I­52/2022 registered
with the respondent Indira Nagar Police Station for an offence punishable
under Sections 307, 326, 504 and 506 r/w 34 of the Indian Penal Code.

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2.

Cri. Bail Appln. No.819 of 2022 (Or Exh.1)
Perusal of the F.I.R. reflects that, the incident occurred on
10.04.2022 at about 10.45 p.m. at the parking area of Ramswaroop
Building, Patherdi Phata, Nashik. It is the case of the prosecution that, the
complainant had been to his Aunt’s place. His Aunt Savitri and her
daughter Kishori were sleeping on the Terrace. The applicants went over
there and consumed liquor and smoked. The Cousin Aditya @ Babloo
asked the applicants and they started abusing and threatened him.
Thereafter they came down and beat Aditya @ Babloo and when
complainant went to rescue the said Aditya @ Babloo. The accused persons
assaulted in the stomach of the complainant by a sharp knife. Complainant
was taken to the Hospital where he was treated and his statement was
recorded by the Police and thereafter the Crime was registered.
3.

It is the case of the applicants that, they are falsely implicated
in this case. They are permanent resident of the address given in the title
clause and are working in Ambad Industrial Area. This is the second bail
application of the applicant. Previous bail application bearing No.518 of
2022 was rejected by this Court on 29.04.2022 on the ground that,
complainant was admitted in the hospital and investigation is in progress.
Investigation is completed and the Charge­sheet is filed by the I.O.
Complainant is discharged from the Hospital. There is no chances of
enhancement of any sections of I.P.C. or any other Acts. They are ready to
abide by the terms and conditions. Therefore, prayed to allow the
application.
4.

Respondent filed their say vide Exh.4 and objected for grant
of bail. It is their case that, the offence alleged is serious in nature.
Complainant is operated twice. The applicants are residents of same area.
Therefore, they may tamper with the prosecution evidence. They may
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Cri. Bail Appln. No.819 of 2022 (Or Exh.1)
threatened and pressurize the complainant and witnesses. Applicant No.1 is
residing on rental basis. Applicant No.2 is not from Maharashtra State.
Therefore, there are chances that, he may abscond. Therefore, prayed to
reject the application.
5.

Heard Ld. Advocate for applicants and Ld. A.P.P. for State.

So also gone through the authority relied by Ld. Advocate for the applicants
vide list Exh.5 i.e. “Suvigya Rajagopalan @ Subigya Rajagopalan v/s
State of Karnataka, reported in LAWS (KAR)­2018­7­210 by the Hon’ble
Kaarnataka High Court”.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the applicant No.1 had assaulted the
complainant on his stomach by knife. Of­course the allegations are refuted
by the applicants. The allegations and the counter allegations shall be dealt
with by the Court at the time of trial. The knife is recovered from the
possession of the applicants. Investigation is over. Charge­sheet is filed in
the Court. Complainant is discharged from the Hospital. Therefore, this
Court finds that, no purpose will be served in keeping the applicants behind
the bar till the conclusion of the trial because trial may take time. As far as,
the apprehension of the respondent is concerned, that can be taken care by
imposing certain conditions. The authority relied by Ld. Advocate for the
applicants squarely apply to our case in hand. In the result, the application
is succeed. Hence, the order.
ORDER
1.

Criminal Bail Application No.819/2022 is allowed.

2.

Applicant No.1 Amol Dada Jadhav and Applicant No.2
Brijeshkumar Ram Khelawan be released on bail on their furnishing
personal bond of Rs.25,000/­ each with one or more solvent sureties
Cri. Bail Appln. No.819 of 2022 (Or Exh.1)
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in like amount to the satisfaction of the Ld. J.M.F.C., Nashik in
connection with CR No.I­52/2022 registered with the respondent
Indira Nagar Police Station for an offence punishable under Sections
307, 326, 504 and 506 r/w 34 of the Indian Penal Code.
3.

Applicants not to threaten and pressurize the complainant and the
witnesses.

4.

Applicants not to commit similar offence in future.

5.

Applicants to furnish their permanent addresses to the I.O. as well as
while furnishing bail before the Ld. J.M.F.C., Nashik.

6.

Bail before the Ld. J.M.F.C., Nashik.

7.

Inform this order to the Ld. J.M.F.C., Nashik.

8.

In the above terms, the Criminal Bail Application No.819/2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 02/07/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.07.02
12:00:58 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.