MHNS010045012020
Order below Exh.1in Cri. Bail Application No.1652/2020.

1 Amol Waman Bhosale
2 Rajesh Balkrishana Dhule
3 Gurunath Anant Iramali

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 22.11.2020 in Crime No.159/2020 for the offence punishable under sections 363, 452, 374, 323 of the Indian Penal Code; 16 and 17 of the Bonded Labour System (Abolition) Act, 1976 and 3(1)(h), 3(2)(v­a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered with Ghoti Police Station, District Nashik on the accusation that on 21.11.2020 at 4 a.m. at Dahalewadi, Taluka Igatpuri, District Nashik, the applicants­accused kidnapped Prakash Gode­husband of informant who is from scheduled caste in order to compel him to work on the brick­kiln though he was not willing to work as a labour on the brickkiln and thereby committed an offence.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. The ingredients of sections levelled against the accused are fulfilled. No such incident as alleged by the prosecution has taken place. It is also material to note that the FIR does not disclose any offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 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. Bharindwal appearing on behalf of the applicants and learned A.P.P. Smt. Sangale. I have also heard the informant. Perused the investigation papers made available by the Investigating Officer. The alleged incident took place on 21.11.2020 and the accused came to be arrested on 22.11.2020. The vehicle used in the offence is already seized. 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 life imprisonment. 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. In exceptional cases only bail is to be refused. The prosecution failed to show any exceptional ground so as to turn down the bail plea of the applicants. 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.1 ­Amol Waman Bhosale, 2 ­Rajesh Balkrishana Dhule and 3­ Gurunath Anant Iramali be enlarged on bail, in Crime No.159/2020 for the offence punishable under sections 363, 452, 374, 323 of the Indian Penal Code; 16 and 17 of the Bonded Labour System (Abolition) Act, 1976 and 3(1)(h), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered with Ghoti Police Station, District Nashik, on furnishing personal bond of Rs.15,000/­ each with surety 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 Jadhav Date: 2020.12.03 17:00:27 +0530 ( Smt. S.C. Jadhav ) 03rd December, 2020. Additional Sessions Judge­8, Nashik.