1 Cri.B.A.No.1117/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1117/2022
1/ Arjun Prakash More & Ors. 1 .. Applicants / Accused.
Vs.
The State of Maharashtra through Police Inspector, Dindori Police Station, Tal. Dindori (Cr. No.I 310/2022) .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicants/accused under section 439 of Cr.P.C. for releasing them on regular bail in the aforesaid Crime registered at Dindori Police Station, Dindori for the offence punishable under section 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and under Sections 3(2)(va) & 3(1)(r) 3(1) (s) of the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act.
2.Heard Mr. P.R.Shejwal, learned Advocate for applicants, ld. APP Smt. Sangale. The informant though served with notice but failed to appear before the Court. IO is present. Perused the papers.
3.It is the case of the prosecution that the applicants have threatened and abused the informant by uttering abusive words on caste thereby humiliated and insulted the informant.
4.On perusal of record, it reveals that general allegations are made in the report against all the accused. Incident allegedly occurred on 06.09.2022 whereas report came to be lodged on 07.09.2022. Delay in lodging report prima facie create doubt about its veracity. There is a case and counter case. Applicant party have also lodged report against the informant party. It appears from the record that the incident occurred on 06.09.2022 which was of accident.
Prima facie intention on part of applicants/accused is found to be in cloud.
5.Howsoever it may be, it reveals from record that applicants came to be arrested on 08.09.2022. There is no any recovery or discovery as such remained from the applicant.
According to ld. Advocate for the applicants, the applicants have no criminal antecedents. They are local resident and are ready to abide any conditions on grant of bail. Considering all these aspects, this Court is of the view that applicants can be released on bail by imposing certain conditions. Hence the order.
:: O R D E R ::
1] The application is allowed.
2] ApplicantAccused Arjun Prakash More and Govind Subhash More arrested in C.R. No.
310/2022 for the offences punishable under 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and under Sections 3(2)(va) & 3(1)(r) 3(1)(s) of the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act registered with Dindori Police Station, Dindori be released on bail in the sum of Rs.15,000/(Rupees Fifteen Thousand only) each with a surety in the like amount subject to following conditions :
a] That they shall not tamper with the prosecution evidence in any manner.
b] Applicants are directed not to enter the area/vicinity where the victim resides till end of trial.
c] Applicant is directed to furnish his permanent address proof, mobile number.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.17 17:26:13 – 0600 Nashik. (Aditee U. Kadam) Date : 17.09.2022. Additional Sessions Judge2, Nashik.