(Exh.1) ::1:: Criminal Bail Application No.1154/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1154 OF 2022

Balu Deoram Gangad ] .. Applicant/accused

V/s.

The State of Maharashtra ] Through– P.I. Igatpuri Police Station ] ..Respondent/prosecution

Advocate Shri.V.A.Barahate for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1
1.This bail application is filed u/s. 438 of Cr.P.C. for offence under Sections u/s.353, 332, 504 of Indian Penal Code in C.R.No.122/2022 registered with Igatpuri Police Station.

2.Facts of the prosecution case is that on 14.09.2022 at 11.30 a.m.in the Z.P. school of Kaluste, near Bham Dam meeting was held regarding aggregation of school to another school. That time school teachers alongwith informant Madhav Ugale and people who were resided there were present in
meeting. During meeting applicant/accused told the informant, तुझे मुळेच शाळा मुळे मुळेच शाळाच शाळा शाळा बंद झाली झाली and abused in filthy language and slapped on his nose and thereby obstructed the public servant while discharging his duty. Accordingly, complaint under the aforesaid sections has been registered.

3.Facts of the applicant case is that, he is innocent person and he has not committed offence. Informant has lodged false compliant due to school students and villagers marching against the informant. Nothing have been seized from the applicant and therefore there is no require custody of the applicant. He is only earning member of his family. He is permanent residence of that village and he never fled away. He has no criminal antecedents. Hence, prayed for pre-arrest bail.

4.I have heard Ld. Adv.Shri.Barahate. He pithily submitted that applicant has no criminal antecedents. He is innocent. Heard. Ld. APP Shri.Kadave, I.O. Divte is present. Both have objected to released on bail.

5.Heard both side at length. Perused application. The issue regarding aggregation of school to another school of the Kaluste village. The incident occurred between principal, teacher and local people about transfer of school. After perusal of the record it seems that there is no criminal antecedents against the applicant prior to the incident. In such circumstance, stringent condition can be laiddown. No purpose will suffice by keeping the accused behind bar as nothing remain to recover from the possession of applicant. Hence, order

ORDER

1.Anticipatory Bail Application below Exh.1 is allowed.

2.Applicant/accused Balu Deoram Gangad shall be released on bail, in the event of his arrest by Igatpuri Police Station in C.R.No.122/2022 registered with Igatpuri Police Station under Sections u/s.353, 332, 504 of Indian Penal Code on furnishing P. R. Bond of Rs.25,000/- (Rs.Twenty Five Thousand Only) with one or two solvent surety of like amount on the following conditions :

(a) He shall attend Igatpuri Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till filing
of charge-sheet.

(b) He shall not pressurize the informant prosecution witnesses and their family members and not come in contact in any way with them and also tamer them.

(c) Applicant/accused shall submit his contact number and proof in respect of permanent and temporary residence to this Court.

(d) If he breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Concerned Police station be informed accordingly.

4.The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to furnish the surety.

5.Criminal Anticipatory Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.28 17:54:14 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 27.09.2022
Nashik.