Cri. Bail Appln. No.682 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
Criminal Bail Application No.682 of 2022
CIR NO.MHNS010027322022
Babu alias Bhavesh Gangurde
alias Bhagyesh Nana Gangurde
Age : 19 years, Occu.: Educations
R/o : Jetvan Nagar, Behind Zaveria
School, NashikRoad, Nashik.
… Applicant/Accused.
V/S
State of Maharashtra
Through – P.I. Upnagar
Police Station (C.R. No.I118/2022)
… Respondent/State.
Appearance :
Ld. Adv. Shri. U. V. Mundada for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. R. S. Bhamre I.O. present.
ORDER BELOW EXH. No.1
(Delivered on 08th June, 2022)
1.
Read the application and say filed vide Exh.4. Heard Ld.
Advocate for applicant and Ld. A.P.P. for State. So also heard the I.O. present
before the Court.
2.
Crime stood registered bearing C.R. No.I118/2022 against the
applicant and other accused persons under 326, 323, 143, 147, 148, 149 and
Cri. Bail Appln. No.682 of 2022 (Or. Exh.1)
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506 of the Indian Penal Code at the Upnagar Police Station for an allegations
that on 01.05.2022, because of an old enmity, applicant and other accused
persons assaulted the complainant by ironrod and sickle on the back, hand
and left leg of the complainant and ran away from the spot. The complainant
was taken to the Hospital, where he came to be treated. On the report, Crime
came to be registered.
3.
Ld. Advocate for applicant submits that, there is no specific role
attributed in the F.I.R. against the applicant. Four accused came to be arrested
and they are released on bail by the Ld. J.M.F.C., NashikRoad. The weapons
are seized. Nothing is to be recovered or discovered at the instance of the
applicant. Custodial interrogation is not necessary. Therefore, prayed that, the
application be allowed and the applicant be released on prearrest bail.
4.
Ld. A.P.P. for State strongly objected by arguing that, there is a
specific role attributed in the F.I.R. by name against the applicant. The
muddemal i.e. ironrod and motorcycles are yet to be recovered. Four to Six
accused are absconding. Their particulars is known to the applicant.
Therefore, custodial interrogation is necessary. Therefore, prayed to reject the
application.
5.
Investigating Officer also submitted in tune with the submissions
of Ld. A.P.P.
6.
Upon hearing and going through the material placed on record,
this Court finds that, eight names are there in the case and two are unknown
persons. Out of them, four came to be arrested and released on bail. Offence is
serious in nature. The ironrod is required to be seized and so is the
motorcycles, the absconding accused are known to the applicant. Though, the
Cri. Bail Appln. No.682 of 2022 (Or. Exh.1)
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complainant is discharge from the Hospital, but it is submitted that he can not
walk properly. There is an apprehension that the applicant may threaten and
pressurize the complainant and the witnesses. Therefore,
custodial
interrogation is necessary with the Police. In the result, the application fails.
Hence, the order.
ORDER
Criminal Bail Application No.682 of 2022
stands rejected and disposed off accordingly.
Place : Nashik
Date : 08/06/2022
signed by
MUSHTAQUE Digitally
MUSHTAQUE HUSSAIN
SHAIKH
HUSSAIN
Date: 2022.06.08
SHAIKH
18:00:01 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.