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MHNS010033262022
Order below Exh.1 in Criminal Bail
Application No. 825/2022.
1.
This is an application moved by the applicants/accused (1)
Bilal Fakir Mohmed Attar and (2) Tausif Bilal Attar under section 439 of
the Code of Criminal Procedure in C.R.No.I179/2022 registered against
accused at Mumbai Naka Police Station for the offence punishable under
sections 353, 186, 504, 506 r/w section 34 of the Indian Penal Code and
section 122/201 and 129/177 of the Motor Vehicle Act.
2.
It is submitted by the accused that they have been falsely
implicated in the present crime.
No incident has occurred only to
pressurize complaint has been filed. Nothing incriminating evidence
against the accused and nothing was seized at the instance of accused
during investigation. There is no direct or indirect evidence against the
accused. Accused are businessman having status in the society and there is
no criminal antecedents against them. They are ready to abide by the
terms and conditions imposed on them. They are permanent resident of
Nashik since their birth. Hence, prayed that bail application be granted.
3.
Say was called of the investigating officer. He has objected
this application on the count that, accused had interfere in the official
work of Traffic Inspector.
If accused are released on bail he will be
threaten the complainant and witnesses. Complainant and accused were
residing in the same vicinity. Statement of important witnesses yet to be
recorded. Hence, prayed that application be rejected.
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4.
Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that accused had lodged various complaint
against the complainant before 20.06.2022 as he was threatening them
that he is a government servant and he will close their shop. It reflects
that the relations are strained between the complainant and accused on
the count of shop of the accused. Investigation is completed. Nothing
remains to be inquired. The grounds stated by the investigating officer are
not justifiable to detain the accused behind bar. Offence levelled against
the accused under section 353 of IPC is triable by Sessions Court,
however, other offences are bailable.
No purpose would be served to
detain the accused behind bar. Bail is rule jail is exception. Trial will take
time. Accused are resident of Nashik hence they are not likely to flee
away. Apprehension of the prosecution that accused and the complainant
are resident of the same vicinity and possibility of causing tension cannot
be ruled, however, the said apprehension can be taken care by imposing
conditions. Hence, following order is passed :
ORDER
1.
The application is allowed.
2.
The applicants/accused (1) Bilal Fakir Mohmed Attar and (2) Tausif
Bilal Attar involved in C.R.No.I179/2022 registered in Mumbai
Naka Police Station for the offence punishable under sections 353,
186, 504, 506 r/w section 34 of the Indian Penal Code and section
122/201 and 129/177 of the Motor Vehicle Act, be released on bail
on their executing P.R. and S.B. of Rs.15,000/ (Rupees Fifteen
Thousand Only) each with one surety.
3.
Accused shall not commit similar type of offence.
4.
Accused shall mark his presence in Mumbai Naka Police Station
on every Monday from 11.00 a.m. to 1.00 p.m. once in 15 days till
filing of the chargesheet and to cooperate Investigating Officer.
5.
Accused shall not tamper with the prosecution evidence or
witnesses.
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6.
Accused shall furnish address proof, photo identity
and mobile number of self and their two close relatives.
7.
In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.
8.
Bail before concerned Court.
Nashik.
Date : 02/07/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.