1 Criminal Bail Appln. No. 411 of 2022 ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 411 OF 2022
{Chandrakant Bharat Waghmare and another vs. The State of Maharashtra through Mumbai Naka Police Station}
This is the bail application under section 439 of the Criminal Procedure Code, 1973 filed by the applicantsaccused in crime No. 326 of 2021 registered with Mumbai Naka Police Station, Nashik for the offences punishable under sections 307, 324, 143, 144, 147, 148, 149, 504 and 506 of the I. P. C.
02] The applicant contended that false and fabricated case is registered against them. There is no role of them in the crime. The complainant has assaulted accused Ganesh Zalte, but, their report is not taken on record. The complainant and the injured have not sustained grievous injuries and not admitted in any hospital. Their family is dependent on them. The investigation is completed and charge sheet is filed. They are ready to abide by any conditions imposed by the court.
So, they have prayed for grant of bail.
03] learned APP has filed say at Ex. 4 and I. O. has also filed say at Ex. 05. They have stated that the offence is of serious nature. All the accused formed unlawful assembly and committed the offence. Accused and complainant and witnesses are resident of same village. If they are released on bail, they will threat the complainant and the witnesses.
They may again commit same type of offence. The accused Chandrakant is having nine offences registered against him. The accused Santosh is having two offences registered against him. They have criminal antecedent. 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. Counsel for the accused has relied on ‘Bhagirathsinh Jedeja vs. State of Gujarat reported in LAWS(SC) 1983 11 16’ The case law is on the point that the approach of the court in the matter of bail should not be to detained the accused by way of punishment. When the investigation is completed and his presence can be secured, he can be granted with bail.
05] I have gone through application, say, arguments, documents, police papers and cited case law. There is primafacie case against all the accused. The main role is of both the present accused. But, they are in Jail from 22.12.2021 and the investigation is completed and charge sheet is filed. The complainant and injured are out of danger. The accused have history of committing several crimes.
So chances can not be ruled out that they may again commit the crime. But, for that purpose, suitable conditions can be imposed. The presence of the accused can be secured by imposing heavy surety.
They are entitled for bail. Hence, the following order :
O R D E R
01] Application is allowed.
02] Accused namely Chandrakant Bharat Waghmare and Santosh Tukaram Sonawane be released on bail on executing personal bond of Rs. 25,000/with Solvent surety in the like amount, each respectively in crime No. 326 of 2021 registered with Mumbai Naka Police Station, Nashik for the offences punishable under sections 307, 324, 143, 144, 147, 148, 149, 504 and 506 of the I. P. C.
03] The accused shall attend police station, as and when their attendances is required by the I. O.
04] 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 to tamper with the evidence.
05] They shall not tamper the prosecution evidence in any manner.
06] They shall not leave India without permission of this court.
07] They shall not commit similar type of offence.
08] They shall furnish their detailed address with proof and their mobile numbers.
09] Bail before concerned court of Judicial Magistrate First Class.
Digitally signed by RATHI RATHI ROOPESH ROOPESH RAMSWARUP RAMSWARUP Date: 2022.04.01 18:14:49 +0530 Date : 01.04.2022 (R. R. Rathi) Additional Sessions Judge5, Nashik.