CNR
MHNS010030432022
Order below Exh.1
in Cri. Bail Application No.765/2022.
( Bhaskar Lahanu Gavhane and another Vs State)
This anticipatory bail application is moved by the
applicants­accused Bhaskar Lahanu Gavhane and Prakash Trimbak
Gavhane under section 438 of the Criminal Procedure Code for grant
of bail in connection with CR No.127/2022 registered with Ghoti
Police Station for the offence under section 323,325,427,504,506, 326
r/w sec.34 of the Indian Penal Code, in the event of arrest in
connection with above referred crime.
2.

It is stated in the application that, as per the FIR the
applicants­accused and the first informant are dealing in business of
building material supply and out of the said business rivalry alleged
incident dated 7.6.2022 had occurred and the applicants­accused are
facing charges as alleged above in para No.1. It is further stated that
the applicants­accused have been falsely implicated in this case. They
have not committed any offence. No offence under section 326 of IPC
is made out and these and other ground set out in the application
present application is moved for anticipatory bail.
3.

Application is opposed by the prosecution and submitted
that the grievous injury is inflected to the first informant by the
applicants­accused and absconded till this date and their presence is
required for custodial interrogation.
4.

Heard
learned
counsel
Shri.

Mangesh
Navale
for
applicants­accused and submitted that the applicants­accused are
falsely implicated in present case. Counter FIR is also registered against
the other side vide its CR No. 131/2022 arising out of the same
..2..

incident. He further submitted that the applicants­accused are local
resident and attend the police station as and when required and hence
prayed to grant anticipatory bail to the applicants­accused.
5.

The learned APP Shri. Suryavanshi objected the application
stating that injuries are grievous. Investigation is in progress and at this
stage it would not be proper to grant anticipatory bail to the applicant­
accused, hence, prayed to reject the same.
6.

Today, I.O. is absent. On perusal of the entire record it
appears that police have registered CR No.127/2022 and 131/2022 in
connection with the incident of assault occurred on 7.6.2022. The first
informant in present case by name Ramdas Bhaskar Gavhane sustained
grievous injury. He is admitted in the Apollo Hospital, Nashik. His right
hand shoulder is dislocated. The applicants­accused used iron rod,
fighter and stick in commission of the crime. The weapons used in the
commission of the crime are to be seized from the applicants­accused,
therefore, custodial interrogation of applicants­accused is required.
Therefore, application is devoid of merit. Hence, following order is
passed.
ORDER
1)
Anticipatory Bail Application No.765/2022 is hereby rejected.

2)
Inform the concerned police station accordingly.

SHINDE
MADHAV
A
Date­12.07.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.07.12
17:56:14 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.