1
Cri.B.A.No.858/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 858/2022
Atul Vijay Gaikar
..
Applicant/
Accused.

Vs.

The State of Maharashtra
through Police Inspector,
Taluka Police Station, Nashik.
(Cr. No.I 127/2022)
..

Prosecution
Order below Exh.1.
1.

This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Taluka Police Station, Nashik for the
offence punishable under section 143, 147, 149, 323, 294, 504, 506 of
the Indian Penal Code and under Sections 3(1)(r), 3(1)(s) & 3(2)(va) of
the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act.
2.

Heard Learned Advocate Shri M.Y.Kale, for the applicant
and learned A.P.P. Smt. Jadhav for the State. IO is also present.
Perused the papers of investigation and say filed by the informant
vide Exh.6.

3.

It is the case of the prosecution that the applicant has
threatened and abused the informant by uttering abusive words on
caste thereby humiliated and insulted the informant.

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4.

Cri.B.A.No.858/22­Order­Ex.1.

It reveals from the report that the report is lodged on
02.07.2022.

There are allegations against the accused that on
06.04.2022, the incident occurred.

But then, there is much delay in
lodging the report which is not explained by the informant in
satisfactory manner. Prima facie case of the prosecution is found to be
in cloud.
5.

Howsoever it may be, it reveals from record that applicant
came to be arrested on 03.07.2022. There is no any recovery or
discovery as such remained from the applicant.

According to ld.

Advocate for the applicant, the applicant has no criminal antecedents.
He is a young boy of 21 years old. He is a local resident and is ready
to abide any conditions on grant of bail.

Considering all these
aspects, this Court is of the view that applicant can be released on bail
by imposing certain conditions. Hence the order.

:: O R D E R ::
1]
The application is allowed.

2]
Applicant­Accused Atul Vijay Gaikar arrested
in C.R. No. I­127/2022 for the offences
punishable under Sections 143, 147, 149, 323,
294, 504, 506 of the Indian Penal Code and
under Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the
Scheduled Caste & Schedules Tribes (Prevention
of Atrocities) Act registered with Taluka Police
Station, Nashik be released on bail in the sum of
Rs.15,000/­(Rupees Fifteen Thousand only) with
a surety in the like amount subject to following
conditions :­
a] That he shall not tamper with the prosecution
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Cri.B.A.No.858/22­Order­Ex.1.

evidence in any manner.
b] Applicant is directed to furnish his permanent
address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 11.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.11
16:31:27 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.