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Cri.B.A.No.1328/2022
Criminal Bail Application No.1345/2022
CNR No. MHNS010056302022
[Atharva Rajendra Deshmukh V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­204/2022 of Gangapur P. S., for offences punishable under
Sections 384 of I.P.C., on the basis of FIR lodged by Smt. Sarang
Makrand Patel.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant is not concerned with the offence. The applicant did not
extort anything from the informant or the witness. That there are no
criminal antecedents against the applicant. He will not abscond. He
will co­operate with Investigating machinery and will be available
for trial. On these main grounds and others have prayed for bail.
3.

Notice was issued to State. State appeared through Ld.

APP Smt.Sulabha Sangale and filed say resisting for grant of
application on the grounds that the applicant threatened minor boy
Ojas that he shall kill his family and accordingly forcefully extorted
the gold ornaments. That investigation is still pending. That he will
abscond if released on bail. On these main grounds and others have
prayed for rejection of bail application.
4.

Heard Ld. Advocate Mr.Hardik Desai for applicant.

Perused bail application.

Heard Ld. APP Smt.Sulabha Sangle.

Perused police papers and say filed by Gangapur police station.

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5.

Cri.B.A.No.1328/2022
As per the prosecution case, from August 2022 to
October 2022, the accused from time to time threatened Ojas, minor
son of the informant and pressurized him to hand over golden
ornaments to him. Under threats, the minor son handed over gold
ornaments worth Rs.2,65,000/­ to the accused. Prima facie there is
case under Sec.384 of IPC. However, the offence is not punishable
with imprisonment for life or death. The same is triable by the court
of Ld. JMFC. The applicant is 23 years of age. He is taking
education. There are no criminal antecedents against him. He is
permanent resident of Nashik and there is no material to
substantiate the contention of the prosecution that he will abscond.
Hence, discretion can be exercised in favour of the applicant on
certain terms and conditions Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). The applicant Atharva Rajendra Deshmukh be released on bail
in Cr.No.I­204/2022 of Gangapur P. S., for offences
punishable under Sections 384 of I.P.C., on furnishing a PR
and SB of Rs.15,000/­with one surety of like amount on
following conditions.
(a). He shall attend Gangapur Police Station on every Monday
between 10.00 to 11.00 a.m. till conclusion of trial.
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
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the case, so as to dissuade
Cri.B.A.No.1328/2022
them from disclosing such facts
to the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 04/11/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.05
12:32:20 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.