1
Cri. Bail Application No. 791 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 791 OF 2022
{Bharat Shamgiri Salve vs. The State of Maharashtra
through Ambad Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 243 of 2022 registered with Ambad Police Station, Nashik for the
offences punishable under sections 363, 368, 120b read with 34 of the I.
P. C.
02]
The applicant contended that false and fabricated case is
registered against him. He is permanent resident of Nashik. His family is
dependent on him. He has no criminal antecedent. The F. I. R. is lodged
belatedly. He was in police custody and nothing remained to be
recovered from him nor anything is recovered from him. Offence is not
punishable with imprisonment for life or death. Now, the victim girl is in
custody of her parents. He is ready to abide by any conditions imposed
by the court. He has prayed for grant of bail.
03]
learned APP has filed say at Ex. 03 and I. O. has also filed
say at Ex. 04. They have stated that the offence is of serious nature. All
the accused hatched criminal conspiracy to kidnap the victim girl aged
one year and six months. They systematically kidnapped the victim girl
with the intention to sell her. The offence is committed with cool mind.
The investigation is going on. The 5 th accused is yet to be arrested. The
object of the accused, to whom they wanted to sell the minor girl etc. is
yet to be investigated. A bad massage spreaded in the society about this
offence and if accused is released on bail, he may abscond and may
threat the witnesses. Hence, they have prayed for rejection of bail.
04]
Heard the learned counsel for accused and learned APP.

They have argued as per their stand taken.
05]
I
have
gone
through
application,
say,
arguments,
2
documents, police papers. There is strong prima-facie case against the
accused. This offence is done with cold blooded mind and the accused
have hatched conspiracy and with preplanning kidnapped the minor
victim aged 1 and half years, while her mother was at her work place
and her minor children were taking care of the victim. The police
cracked the case and caught the accused raid handed with the minor
girl. The object appears to be to sell the minor girl. The offence is of
very serious nature. Yet, the investigation is going on and the further
object of the accused is to be known. The accused may have no
criminal antecedent and is permanent resident of Nashik.

But,
looking to the fact that there is strong prima-facie case against the
accused, the offence is of very serious nature and yet the investigation
is going on. In such circumstances, the accused is not entitled for bail.
Hence, the following order:
ORDER
Application is rejected.
RATHI
ROOPESH
RAMSWARUP
Date : 27.06.2022
Digitally signed by
RATHI ROOPESH
RAMSWARUP
Date: 2022.06.29
11:22:20 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.