Cri.B.A.No.1836/2020 Criminal Bail Application No.1836/2020
CNR No. MHNS010054262020
[Budha Tulashiram Shevare etc. 4 V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in Cr.No.72/2020 of Harsul P. S., for offences punishable under Sections 353, 147, 143, 504, 506 of I.P.C., on the basis of FIR lodged by PHC Dilip Anandrao Bodke contending therein that when he was proceeding on motorcycle to fill the petrol, the accused formed unlawful assembly, abused and threatened the informant by chasing him as he did not allow them to beat daughter Rani Manohar Shevare in the police station and obstructed him while discharging his duty as a public servant.
2.Bail application is filed on the ground that the applicants are innocent and have been falsely implicated in the case. That the FIR is lodged on suspicion and on the instance of Police Patil. Applicants never threatened nor assaulted the complainant. The informant denied to lodge complaint of applicants. Names of applicant Nos.2 and 4 not feature in FIR. They are permanent residents of Nashik and ready to abide by all terms and conditions if any imposed by the Court. They will not tamper or hamper prosecution evidence. There are no criminal antecedents against them. Nothing is recovered or discovered at the instance of the applicants. Investigation is completed and there is no need of interrogation with the applicants. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld.
APP Mr.Gaikwad and filed say resisting for grant of application on the grounds that the offence is serious one and against Government Servant. There are criminal offences registered against accused Budha, Lahanu, Ambabai and Manohar. Accused assaulted as well as threatened the family members and relatives of person with whom their daughter has run away. They will no cooperate with investigation. Accused Ambabai did not remain present for investigation. On these main grounds and others have prayed for rejection of bail application.
4.Heard Ld. Advocate Mr.Thakare for applicant. Perused bail application. Heard Ld. APP Gaikwad. Perused police papers and say filed by Harsul police station.
5.On perusal of F.I.R. as well as case papers, it is apparent that, all the applicants and other coaccused persons who are relatives of the Rani were against her loverelationship and opposing her. The issue went up to the police station where the applicants were pacified that the girl is now major and can take her own decision. In spite of that, the applicants and coaccused were opposing the relationship. The FIR is lodged by Dilip Bodake alleging that all the accused persons and other coaccused persons have chassed his motorcycle and threatened him and thereby have caused hindrance in discharging his duty. There is no physical assault on the informant. As far as antecedents of Budha Tulashiram Shevare, Lahanu and Ambabai are concerned, all the earlier offences are bailable in nature. Hence, discretion can be exercised in favour of the applicants. To safeguard the life and limb of the victim girl, it will be appropriate to impose certain stringent conditions.
Hence, I proceed to pass following order.
ORDER
(1). Application is allowed.
(2). The applicant No.1 Budha Tulashiram Shevare, applicant No.2 Manohar Tulashiram Shevare, applicant No.3 Sitaram Tulashiram Shevare, applicant No.4 Chandar Tulashiram Shevare and applicant No.5 Lahanu Budha Shevare be released on bail in Cr.No.72/2020 of Harsul P. S., for offences punishable under Sections 353, 147, 143, 504, 506 of I.P.C., on furnishing a PR and SB of Rs.25,000/ each with one or two solvent sureties of like amount on following conditions.
(a). They shall attend Harsul Police Station on every Sunday, Wednesday between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). They should furnish two documents about his identity proof and two documents in respect of identity proof of his relatives.
(c). They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2021.01.01 16:28:58 +0530
Nashik. ( V. P. Desai) Date : 01/01/2021 Additional Sessions Judge, Nashik.