CNR No. MHNS010018712022
Order below Exh. 1 in Cri. Bail Application No.487 /2022
( Aniket Pravin Nikale – applicant/accused Vs. State )
This is an application, for prearrest bail u/s. 438 of the Cr.P.C. in C.R. No.119 of 2022 registered with Panchavati Police Station, Nashik u/s. 384 of The Indian Penal Code(IPC).
2.The learned counsel Mr. H.A. Desai for the applicant submits that, applicant is innocent person and he has been falsely implicated. He is ready to abide by any of the terms and conditions to be imposed by this Court. He has got fixed and permanent place of residence and undertakes to cooperate investigation.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.7) adopted say (Exh.6) filed by Investigation officer (I.O.) and strongly objected this application. I.O. is present along with case papers.
4.Perused record. Prosecution case is that, applicant had made complaint in police station against informant due to misunderstanding that, informant Dhananjay @ Pappu Mane and his wife Corporater Smt. Priyanka Mane used to help the people who used to harass applicant. In the month of February
2022,applicant again made police complaint against him in police station and he cooperated in the investigation to police. Meanwhile the applicant met Thimati Vishwas Dahatonde friend of informant and asked him to tell Pappu Mane to give Rs. 15,00,000/ to him in order to withdraw the complaint made by the applicant against the informant or else, he would defame informant and his wife in the society and would lodge false complaint of Atrocity that, he had abused him on his caste. When
Thimati intimated him about the same, he asked his friend to meet applicant and not do the same. On 02.04.2011 he met the applicant and asked for the same but he told that, unless Rs. 10,00,000/ to Rs. 15,00,000/ is given to him or Rs. 7,00,000/ to Rs. 8,00,000/ and to provide job to one his person in Municipal Corporation, he would lodge false case against him. On 05.04.2022, at about 7.00 to 9.00 p.m., Thimati told informant on telephone that, applicant wanted to met him. Hence, informant,his
driver Vasant Dighe and Thimati met the applicant. During discussion, the applicant demanded from informant Rs. 7,00,000/ to Rs. 8,00,000/ or to give employment in Municipal Corporation and finally told that, informant should give at least Rs. 5,00,000/ or else he would lodge false police complaint against him. Again on 06.04.2022, informant’s friend Thimati told that, applicant demanded repeatedly the same upon which they called the applicant and paid Rs. 50,000/ as per his demand from his
account and did its Video shooting. Thereafter, on 07.04.2022, he demanded the same for 10 to 12 times from his friend Thimati which was told to him by Thimati.
5.Learned Adv.Mr. Desai for the applicant submits that, as the applicant had made police complaint against informant, he has adopted pressure tactics to withdraw the same by lodging this false FIR. He has no previous criminal antecedent. He is a man of family residing alongwith his wife and small child. He is permanent resident of Nashik and ready to cooperate investigation. He has not extorted any amount from the informant. However, witnesses state that, there is direct involvement of the accused.
Investigation is to be carried out, as to whether, he has extorted amount of Rs. 50,000/from the informant and thereafter if so found, it is to be recovered. His voice sample is to be taken. Offence is serious. There direct involvement of applicant in the crime. He has threatened to lodge the false FIR against informant. Three criminal cases i.e. C.R. No. 300 of 2020 u/s. 420 of IPC and C.R. No. 158/2021 u/s. 309 of IPC and C.R. No. 201/2021 u/s. 309 of IPC are pending against the applicant. Thus, he has got previous criminal antecedent. The applicant may hamper or tamer prosecution witnesses or evidence and may abscond. Custodial interrogation is necessary for thorough investigation. I do not find any merits in this application. Consequently, I am not inclined to exercise my discretion in favour of the applicant. Hence, the order.
ORDER
This application stands rejected.
Date : 21.04. 2022.
( S.T. Tripathi) Additional Sessions Judge 7, Nashik.