..1..

Cri.B.A.No.1050/2022
Criminal Bail Application No.1050/2022
CNR No. MHNS010045442022
[Baldev Rambahadur Banwasi V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­200/2022 of Satpur P. S., for offences punishable under
Sections 436, 457 of I.P.C., on the basis of FIR lodged by Sagar
Rajendra Vaishnav.
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 resident of Nashik. As the applicant demanded salary,
the informant implicated him falsely in this crime. Nothing is
recovered or discovered at the instance of applicant. He will not
pressurize informant or witnesses nor tamper prosecution evidence.
There is no criminal antecedents against applicant. He is ready to
co­operate investigation machinery. On these main grounds and
others have prayed for bail.
3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that the offence is serious one. He is changing his
residence and working place. If released, he will not attend the
court. There is possibility of pressurizing informant and witnesses
and will go at his original resident at Sultanpur, Uttarpradesh.
Detailed investigation is to be done. On these main grounds and
others have prayed for rejection of bail application.

..2..

4.

Cri.B.A.No.1050/2022
Heard Ld. Advocate Mr.Gavali for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Satpur police station.
5.

On perusal of F.I.R., it can be gathered that applicant
was working with the informant Sagar Vaishnav, who was carrying
out business of fabrication at Bhave Mala since the year February
2022. The applicant was working with him. The FIR further states
that on one pretext or other, the applicant remained absent and
showed his intentions to discontinue the work and demanded his
salary. The informant replied that he should come on 19.8.2022 and
settle the account. However, the applicant did not come. On
20.8.2022, when the informant went to the place of work, he saw
that his machinery was burnt. The FIR further states that before the
police, the applicant confessed his guilt.
6.

The applicant is arrested on 20.8.2022. He has
remanded to Magistrate custody. Except for confession of the
accused before the police, at present, there is nothing on record to
show that the applicant committed alleged over act. The applicant is
20 years of age. The report of police does not suggest any criminal
antecedents. As per the objection, the applicant is from Uttar
Pradesh and therefore, will not be available for trial. However, this
cannot be a ground for rejection of regular bail application. The
investigation is practically completed. No fruitful purpose will be
served by keeping the applicant behind bar, who is in his youth. To
secure presence of the applicant, certain stringent conditions can be
imposed upon him and accordingly, discretion can be exercised in
..3..

Cri.B.A.No.1050/2022
his favour. Hence, I pass following order.
ORDER
(1). Application is allowed.
(2). The applicant Baldev Rambahadur Banwasi be released on
bail in Cr.No.I­200/2022 of Satpur P. S., for offences
punishable under Sections 436, 457 of I.P.C., on furnishing a
PR and SB of Rs.30,000/­ with one or more sureties of like
amount on following conditions.
(a). He shall attend Satpur Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till conclusion of the 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
the case, so as to dissuade 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 : 01/09/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.09.01
17:19:21 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.