1 MHNS010050232022 Order below Exh. 1 in Criminal Bail Application No. 1163/2022.

1.This is an application preferred by applicant Ashish Babusing Kushwah for bail 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 is innocent. He has not committed any offence. He is doing business of builder and he has no concern with the offence. In complaint accused has not assaulted the complainant and it also does not reflect the name of the accused in the complaint and no severe allegation made against him. Accused has no concern with the offence 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. He has threatened the complainant and flee away at his native place. There is ample evidence against the accused. Investigation is in progress. Charge­sheet has to be filed. If accused is released on bail he will interfere in the investigation and threaten the complainant.

4.Heard argument of Ld. APP and Ld. Advocate for accused. It is argued by the Advocate for the accused that complainant himself states that 2 motorcycles 6 persons came at the spot. There is no recovery or discovery from the present accused. Complainant has not identified the accused in I.T. parade which reflect that accused was not present at the spot. Complainant has been discharge hence prayed that bail be granted.

On the other hand Ld. APP has objected this application that out of 7 accused 4 are identified. Accused is charged with serious offence. Three motorcycle were found. Investigation is in progress. Hence, prayed that bail be rejected.

5.On perusing the FIR and supplementary statement of the complainant he has stated that on three motorcycle seven persons had obstructed his motorcycle. Out of them one of the person assaulted him on his head by stick. The other person splash ink on him and other person assaulted him by kick blows and one of them assaulted him on his left leg with stick and thereafter ran away. It is also seen that injured was called for I.T. parade and he has identified four accused out of seven. He also states that three accused out of which the present accused was not identified by him. He further submits that all the accused have made attempt to kill him. Considering the medical certificate it is seen that injured had sustained grievous injury and was admitted in hospital from 18.07.2002 to 27.07.2022.

6.In view of the role played by the present accused it is seen that he had intention to cause injury. Investigation is in progress. Chargesheet has to be filed. If accused is released on bail he will threaten the witnesses. Considering the nature of offence with which accused is charged as well as nature of injury caused to the complainant I am not inclined to released the accused at this stage as investigation is in progress. Hence, I proceed to pass following order :­

ORDER

Application is hereby rejected.

Nashik. (V.S.Malkalpatte­Reddy) Date : 03/10/2022. Additional Sessions Judge, Nashik.