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MHNS010054392022
Order below Exh. 1 in Criminal Bail
Application No. 1294/2022.
1.

This is a second bail application preferred by accused Ashish
Babusing Kushwah under section 439 of Cr.P.C. in C.R. No. I­201/2022
registered in Bhadrakali Police Station, Nashik for the offence punishable
under sections 307, 341, 143, 144, 147, 148, 149 of the Indian Penal
Code and section 4/25 of the Arms Act.
2.

It is contended by the accused that he has been falsely
implicated. He has preferred first bail application which was rejected by
this Court on the count that investigation was in progress. He h as not
assaulted the complainant. His name is not reflects in the FIR and he was
not present at the spot of incidence. Accused gave lift to the other accused
and only on the suspicion accused was arrested. Only offence u/s. 212 of
IPC is attracted against the accused and the same is bailable offence.
Accused is falsely implicated in the said crime. Accused did not cause
grievous injury to the complainant and injured is already discharge from
the hospital. Nothing has to be seized at the instance of accused. Offence
u/s. 307 of IPC is not attracted. Nothing is to be discovered and recovered
at the instance of accused. He is ready to cooperate and abide by all the
terms and condition. Hence, prayed that application is allowed.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused is resident of Uttar Pradesh
hence there is possibility of absconding.

Accused has assaulted the
complainant at that time complainant has seen the accused even he has
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been identified in the I.T. Parade. If bail is granted he will interfere in the
investigation and threatened the witnesses. Possibility of committing
similar type of offence cannot be ruled out. Hence, prayed that application
be rejected.
4.

Heard argument of Ld. Advocate for accused, Ld. APP and Ld.

Advocate of the complainant. It is argued by the Advocate for the accused
that this is a second bail application. Investigation is completed. Charge­
sheet has been filed. Nothing incriminating has been recovered from the
accused. No overt act at the instance of the accused. Co­accused Nohar @
Rohan Dipaksing Sengar has been released on bail, hence, on the count of
parity bail be granted. On the other hand Ld. APP submits that grievous
injury has been caused to the complainant. Offence is serious. Hence,
prayed that bail be rejected.
5.

On perusing the charge­sheet it is seen that Sagar Dighole
splashed ink on the complainant to which complainant objected at that
time accused Pankaj Sonwane and Suraj Rajput assaulted the complainant
with wooden stick on his head and left leg and caused grievous injury
whereas other accused assaulted the complainant with fist and kick blows.
6.

It is seen from the charge­sheet that complainant has been
discharge on 27.07.2022. On considering the role of the present accused
it is seen that he has assaulted the complainant by fist and kick blow. The
earlier bail application was rejected as investigation was in progress,
however, there is change in circumstances as investigation is completed
and charge­sheet has been filed in the Court. It is also seen that co­
accused Nohar @ Rohan is released on bail against whom same role has
been attributed at that of the present accused. Accused is in Jail since two
months. Trial will take time. Even complainant has been discharge from
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the hospital. Apprehension of the I.O. can be taken care by imposing
stringent conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Ashish Babusing Kushwah involved in
C.R.No. I­201/2022 registered in Bhadrakali Police Station, Nashik
for the offence punishable under section 307, 341, 143, 144, 147,
148, 149 of the Indian Penal Code and section 4/25 of the Arms
Act, be released on bail on his executing P.R. and S.B. of
Rs.30,000/­ (Rupees Thirty Thousand Only) with one or two local
sureties of like amount.

3.

Accused shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the fact of the case so as
to dissuade him from disclosing such fact to the Court or Police
Officer.

4.

The accused shall mark his presence in Bhadrakali Police Station
as and when called by the Investigating Officer.

5.

The accused shall not commit similar type of offence.

6.

The accused shall furnish address proof of his local address as well
as his permanent address, photo identity and mobile number of self
and his two close relatives with their address proof. In case of
change of address he shall inform the I.O. about the same.

7.

In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.

Nashik.
Date : 21/10/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.