Cri.Bail Appln. No.738/2022
Bhushan Davkhar Vs. State.
CNR No.MHNS010029492022
1.
ORDER BELOW EXH. 1
Perused application and say. Heard ld. advocate for the applicant and ld. APP for the State.
2. The present application has been filed by applicant Bhushan Lahu Davkhar under Section 439 Cr.P.C. seeking bail in C.R.No.38/2022
registered with Igatpuri Police Station, Nashik for the offences
punishable under Sections 143, 147, 148, 149, 324, 323, 504, of the
Indian Penal Code and under Sections 3(1)(r)(s), 3(2)(va) of the
Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act. .
3.
The applicant has contended that there is no incriminating
evidence against him. No weapon or muddemal was seized from him
during the investigation. There is no evidence against him. The
allegations in the FIR do not make out offences under the Atrocities Act.
The Igatpuri police have only applied those sections with the intention
of keeping the applicant behind bars. All the other sections are bailable.
The applicant is the only earning member of the family. He is a
permanent resident of the address given in the application and has
landed property there. He will not abscond and will attend each and
every date before the Court. He will cooperate with the investigating
agency. He will abide by all the conditions imposed by the Court. He
prayed that he may be released on bail.
4.
The say of the I.O. and learned APP was called for. The I.O.
has filed his say through the learned APP. Ld. APP has adopted the say
filed by the I.O. They have opposed the bail application on the grounds
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Order below Exh.1
that the applicant may again commit such serious offences. If released, he
may pressurise the informant or other witnesses. They prayed that the
application may be rejected.
5.
The informant has filed his say at Exh.4. He has submitted in
writing that he or his family members do not have any threat from the
applicant, if he is released on bail. The informant has given no objection to
grant bail to the applicant.
6.
Ld. advocate for the applicant argued that all the other accused
persons have been released on bail. The investigation is over. The charge
sheet has been filed. A dispute had taken place during a procession.
Counter cases were filed by both sides. On perusal of the FIR, it can be seen
that there are no specific allegations against the applicant. He argued that
the applicant may be released on bail.
7.
Ld. APP submitted that the applicant and the other accused
persons had beaten and abused the informant using caste based words on
Dr. Babasaheb Ambedkar Jayanti i.e. 14/04/2022. The offence is serious in
nature. If the applicant is released, a law and order situation may arise. He
pointed out that the anticipatory bail application filed by the applicant had
been rejected. He prayed that the present application may be rejected.
8.
On perusal of the record it can be seen that, the incident had
occurred on 14/04/2022. There are the allegations that the applicant and
the other accused persons had abused and assaulted the informant. He had
been abused using caste based words. Subsequently, the other accused
persons were arrested. One of them is a juvenile. All the others have been
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Order below Exh.1
granted bail. The investigation is over. The chargesheet has been filed
before the Court. The I.O. has not brought anything on record to show that
some recovery is to be made from the applicant. There is no other ground in
his say which would justify keeping the applicant in jail. The only objection
he seems to have is that the applicant may commit other such offences or
that he may threaten or pressurise the informant or the witnesses. The
informant has himself submitted in his say that he or his relatives do not
have any threat from the applicant. The informant has clearly stated that he
has no objection to release the applicant on bail. The other accused persons
have already been granted bail. The trial may take some time to commence
and achieve finality. No purpose will be served by keeping the applicant
incarcerated indefinitely. Considering the above, I proceed to pass following
order :
ORDER
1
The application is allowed.
2.
Applicant Bhushan Lahu Davkhar be released on bail on executing
P.B. and S.B. of Rs.15,000/ in C.R.No.38/2022 registered with
Igatpuri Police Station, Tal. Igatpuri, Dist. Nashik.
3.
He shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as
dissuade that person from disclosing such facts to the Court or to
any police officer.
4.
He shall not abscond and shall furnish his identity proof and proof
of his current and permanent residence.
5.
He shall inform the Court if he changes his address.
6.
He shall not leave India without the prior permission of the Court.
Cri.Bail Appln. No.738/2022
Order below Exh.1
4
7.
If the applicant commits breach of any of the above condition, the
bail granted to him shall be liable to be cancelled.
(Dictated and pronounced in open Court)
Date : 18/06/2022
Place: Nashik
SANGEETA
NARAYAN
BHALERAO
Digitally signed
by SANGEETA
NARAYAN
BHALERAO
Date:
2022.06.18
16:49:33 +0530
(S.N.Bhalerao)
Addl. Sessions Judge,
Nashik