BAIL APPLN.No.965/2022
(order below Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
CRI. BAIL APPLICATION NO.965/2022
Atul Vishwanath Bhagde,
Age – 21 yrs., Occ – Education,
R/o. Nandgaonsade, Tal. Igatpuri,
Dist. Nashik.

]
]
]
]… Applicant/Accused
V/s.
The State of Maharashtra
Through– P.I. Igatpuri Police Station.

]
]… Prosecution/Respondent
Advocate Shri.A.I. Deshmukh for the applicant/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This is bail application filed under Section-439 of the
Criminal Procedure Code by the applicant/accused Atul Vishwanath
Bhagde in connection with C.R.No.9/2022 registered with Igatpuri
Police Station for the offence punishable under Section-302, 307, 452,
427, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and
37(3)(1) of Mumbai Police Act and 4/25 of Arms Act.
2.

It
is
stated
in
the
application
that,
the
present
applicant/accused was arrested on 3.8.2022 and produced before Ld.
J.M.F.C. Igatpuri. It is further submitted that in the FIR as well as in the
charge-sheet
there
is
no
whisper
regarding
presence
of
applicant/accused participating the crime and also overact of the
applicant/accused. The applicant has no antecedents with the accused
Hari Bhandari. In the entire charge-sheet there is no direct and indirect
evidence. Investigation is over and police has been filed charge-sheet in
Page 1 of 4
BAIL APPLN.No.965/2022
(order below Exh.1)
the Court bearing R.C.C.No.56/2022. Applicant is young without any
criminal antecedents, prayed to allow the application.
3.

Application is opposed by the State by filing report Exh.5.

4.

Perused the record. Heard both the parties.

5.

The Learned counsel for the applicant/accused Shri.A.I.

Deshmukh
vehemently
submitted
that
the
name
of
the
applicant/accused is not mentioned in the FIR as assailant by the first
informant. So far as the report filed by the police concern, it is not also
specifically point out in the report against applicant/accused. Nothing
seized from the accused. He was part of 30 to 40 peoples. His age is 21
years without any criminal antecedents. Considering this fact, the
applicant/accused may be enlarge on bail on terms and conditions laid
down by this Court.
6.

On the other hand, Ld. APP Shri.Kadave has vehemently
submitted that the said incident had occurred on day time, 30 to 40
persons have collectively assaulted the son of first informant and his
friends and in the said incident one Rahul Ramesh Salve was murdered
and the son of first informant sustained grievous injuries. Rule of parity
cannot be applicable in this case. The role of the accused will be decide
after conclusion of trial.
7.

Police officer representating the I.O. is present. As per the
police say at Exh.5, the role of the applicant/accused is that he was seen
in CCTV footage at 14.57 minutes dated 28.01.2022 with serial No.14.

Page 2 of 4
BAIL APPLN.No.965/2022
(order below Exh.1)
He has seen with wooden stick in hand, wearing black colour T-shirt
and black colour full pant. The statement of both witnesses i.e.
Ravindra Bhagde and Aasha Patraic Manwel recorded under section 164
of the Cr.P.C., nowhere reveals the name of the applicant/accused except
CCTV footage evidence and recovery of weapon i.e. stick, cloths and
mobile
nothin
on
record
to
attribute
any
overact
against
applicant/accused. Considering the CCTV footage it reveals minor role
played by this applicant/accused. Charge-sheet is already filed in the
Court. On perusal of charge-sheet and CCTV footage panchnama, the
prosecution did not produced any other evidence to connect the
applicant/accused to the both of victim in the present case. It is to be
noted that his name does not reflect in FIR also and therefore
considering his minor role, I am inclined to grant bail with certain
stringent conditions. Hence, following order is passed ORDER
1.

Bail Application below Exh.1 is allowed.

2.

Applicant/accused Atul Vishwanath Bhagde be
released on bail in C.R. No.9/2022 registered with
Igatpuri Police Station for an offence punishable
under Sections-302, 307, 452, 427, 143, 147, 148,
149, 323, 504, 506 of the Indian Penal Code and
37(3)(1) of Mumbai Police Act and 4/25 of Arms
Act on furnishing P. R. Bond of Rs.25,000/(Rs.Twenty Five Thousand Only) with one surety in
like amount on following conditions.
(a) He shall attend Igatpuri Police Station on every
Monday in between 11.00 a.m. to 2.00 p.m. till
final disposal of the Sessions Case.
(b) He shall not come in contact in any way with the
informant/injured and witnesses, nor tamper
them.
(c) He shall not stay within the jurisdiction of
Igatpuri Police Station till trial is over. If he
Page 3 of 4
BAIL APPLN.No.965/2022
(order below Exh.1)
breach the condition it would be a cause to
cancel the bail.
(d) Applicant/accused shall submit his contact
numbers and proof in respect of permanent and
temporary residence to this Court.
3.

Criminal Bail
accordingly.

Nashik.
Date : 10/08/2022
Application
stands
disposed
of
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.08.11
16:02:09 +0530
(Dr. U.J. More)
Additional Sessions Judge
Nashik.

Page 4 of 4