Order below Exh. 1 in, Cri. Bail Application No. 363/2022

( Sau. Archana Baban Nikam[applicant / accused 7] and Sonal Baban Nikam[applicant / accused 8] Vs. State )

This is an application, for pre­arrest bail u/s. 438 of Cr.P.C. from being arrested in Crime No. 38/2022 registered on 15.03.2022 with Mhasrul police station, Nashik u/s. 143, 144, 145, 147, 148, 149, 326, 452, 323, 504, 506, 34 of Indian Penal Code(for short “IPC”).

2.The learned counsel Mr.S.R. Inamdar for the applicants submits that,applicants are innocent person and they have been falsely implicated. Applicants are ready to abide by any of the terms and conditions to be imposed by this Court. They have got fixed place of residence at Nashik and have got no criminal antecedent.

3.Learned Advocate Mr. S.V. Tarse appeared on behalf of the informant namely Atul Kishor Sonavane and orally submitted that, he has no objection to this application.

4.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.7) adopted say filed by Investigating officer ( I.O.) (Exh.6) and strongly objected this application. I.O. is present alongwith case dairy and fairly submitted that attendance may be given.

5.Perused record. Prosecution’s case is that, on 14.08.2021 the informant’s mother’s tenant was ill and when informant went to see her, at that time all accused formed unlawful assembly and assaulted informant by wooden log on his nose and caused fracture injury on his nose. At that time, accused 4
to 12 abused and assaulted informant by slapping on her body and on eyes and threatened prosecution witness Ashiwini Aher to kill her.

6.This application is strongly objected by learned A.P.P. on the grounds that, the offence u/s.326 of IPC is serious in nature and punishable with imprisonment for life or imprisonment for 10 years and fin and offence u/s.452 of IPC, punishable with imprisonment for 7 years and fine. Investigation is incomplete and weapon of the offence is yet to be recovered. The applicants may tamper or hamper prosecution witnesses or evidence. However, learned Advocate of the informant has given no objection to this application. I.O. has submitted that, condition may be imposed.

Consequently, by imposing conditions, investigation can be carried out. Thus,apprehension in the mind of applicants of being harassed, manhandled, and arrested seems to be reasonable,warranting pre­arrest protection. In the result, I pass the following order.

ORDER
1.This application stands allowed.

2.In the event of arrest in Crime No.38/2022 registered with Mhasrul police station, Nashik u/s. 143, 144, 145, 147, 148, 149, 326, 452,323,504,506,34 of Indian Penal Code(for short “IPC”), the police Inspector of the concerned police station shall release the applicants/accused 7 ­ Sau. Archana Baban Nikam and applicant/accused 8 Sonal Baban Nikam on bail on executing personal bond of Rs.15,000/­ each, with one surety in the like amount.

3.The applicants shall not leave India without prior permission of the Court.

4.The applicants shall not tamper with the prosecution witnesses.

5. The applicants shall attend the police station on each Monday for 15 days in between 11.00 a.m. to 1.00 p.m., or as and when called by I.O. under prior written intimation.

( S.T. Tripathi) Date :23.03.2022. Additional Sessions Judge­ 7, Nashik.