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Cri. Bail Application No. 1270/ 2020
1.
2.
Anil Kondaji Bhadange
Jagannath Narayan Kakade
..
Applicants/
Accused.
Vs.
The State of Maharashtra
through P.I. Sarkarwada P.Stn.
(Cr. No. I 234/2020)
..
Respondent.
Order below Exh.1
1.
This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing them on anticipatory bail in
Crime No.I 234/2020 registered at Sarkarwada Police Station for the
offences punishable under section 395, 354, 509 & 427 r.w.sec. 34 of the
Indian Penal Code.
2.
According to the prosecution case, the FIR was lodged by the
complainant/victim on 20.09.2020 who is an Advocate by profession
alleging therein that she was attached Chhava Jankranti Sanghathan and
the applicant No.1 is the Chief of Prahar Janshakti Sanghathan and the
applicant No.2 is the Chief of Yuva Prahar Janshakti Sanghathan.
The
complainant and one Sharad Pawar were suspecting misappropriation of
funds of Rs. 90 Crores in Nashik Education Department and the
involvement of Prahar Janshakti Sanghatan. So they were continuously
pursuing the said issue with the Government. The applicants got annoyed
and on 18.09.2020, around 4.30 p.m., some persons entered the office of
the complainant and threatened
her to settle the matter with the
applicants. At that time, one of the persons had broken the tiles of her
office and did the act which complainant felt embarrassed. Thereafter
they all left her office.
After sometime the complainant noticed some
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persons roaming around her office. Applicants were amongst them. She
went there, at that time the applicant No.2 touched her cheeks and abused
her in filthy language by uttering ” Chinnal ” and thereby outraged her
modesty. They also separated one golden poth of 40 gms. worth
Rs.80,000/ from her neck. She reported the incident to the police station.
Based on her statement, the FIR / Crime was registered
against the applicants. They are apprehending their arrest at the hands of
the police. So, they filed anticipatory bail application for their protection.
3.
The learned counsel Mr. A.S. Sanap appearing for the
applicants/accused has submitted that the FIR was lodged only to counter
blast their FIR. He further stated on 16.09.2020 in between 8.30 and
9.00 p.m., one Sharad Pawar and his associates held the applicant No.1
and on knifepoint extorted gold chain weighing 1.5 tolas. So, he reported
the incident to Panchavati Police Station.
The complainant report is
subsequent and has been filed to falsely implicate the applicants. They
have not committed any offence.
Their custodial interrogation is not
required. They have no criminal antecedents. They are ready to abide by
all the terms & conditions imposed by this Court. Hence, he prays to allow
the application.
The learned counsel has filed the copy of the complaint
lodged by the applicants on 16.09.2020 with Panchavati Police Station
and Sakal Newspaper cutting to substantiate their contention.
4.
The Investigating Officer has filed his Say on record at Exh.7
and strongly opposed the application stating that the offence is serious in
nature.
They have to recover the golden poth and also to conduct
investigation to that effect. So, the custody of the applicants is necessary.
If the applicants are released on bail there is a possibility that they may
threat the complainant and tamper the prosecution witnesses / evidence.
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They will not cooperate the investigation.
Hence, the I.O. prays for
rejection of the application. The learned APP Smt. Bhide submitted her
objections in line with the say of the Investigating Officer.
5.
The original complainant has filed her Say at Exh.10 and
strongly opposed the bail application on the grounds mentioned therein.
6.
After hearing both the sides and perusing the record,
it appears that the offence is serious in nature. Parties belong to different
Sanghthan and have political rivalry. The police has to make recovery of
the gold ornaments and to investigate the case.
So, the custodial
interrogation of the applicants is required for effective investigation.
Hence, I am not inclined to grant anticipatory bail to the applicants at this
stage. Accordingly, the application is hereby rejected.
Sandhya
Sunil Nair
Date : 09.10.2020.
Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.12
14:49:17 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge2, Nashik.