ANTICIPATORY BAIL APPLN.No.991/2022
(order below Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
ANTICIPATORY BAIL APPLICATION NO.991/2022
Chetan Vithoba Mhasne,
R/o. Nandgaon Sado,
Dist.Nashik
]
Tal.Igatpuri, ]
] Applicant/Accused
V/s.
The State of Maharashtra
]
Through– P.I. Igatpuri Police Station, ]
Dist.Nashik.
]Prosecution/Respondent
Advocate Shri.A.I. Deshmukh for the applicant/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This is first anticipatory bail application filed by the applicant
Sections 438 of Criminal Procedure Code in connection with C.R.No.9/2022
registered with Igatpuri Police Station for the offence punishable under
Section-302, 307, 452, 427, 143, 147, 148, 149, 323, 504, 506 of the Indian
Penal Code and 37(3)(1) r/w.135 of the Mumbai Police Act and 4/25 of the
Arms Act.
2.

It is stated in the application that applicant/accused is student
as well as agriculturist. So far as case is concerned on 28.01.2022 there was
quarrel took place among John Patric Manwel etc. and Mr.Hari Bhandari etc.
both r/o. Nandgaon Sado, Tal.Igatpuri, Dist.Nashik on the ground of
previous business enmity regarding business at Igatpuri Railway Station.
After the incident Vishal Khade had died while John Patric Manwel son of
informant treated and discharged from hospital. There is no evidence against
this applicant. Charge-sheet is filed and investigation is over.

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ANTICIPATORY BAIL APPLN.No.991/2022
(order below Exh.1)
3.

It is further stated that the FIR and charge-sheet nowhere
reveals overt act of applicant. Allegations against the applicant is without
concrete evidence.
4.

The prosecution has filed say and submitted that the offence is
serious in nature. Therefore, considering seriousness of offence and chance
to repeat the offence prayed to reject the bail application.
5.

Perused the application, say and charge-sheet.

6.

I have heard Ld. Adv. Shri.A.I. Deshmukh for the applicants. I
have heard Ld.APP Shri.Kadave. I have heard S.D.P.O. Shri.Arjun Bhosle. Adv.
Deshmukh placed reliance on various citation as follows 1)
2)
3)
4)
5)
6)
7)
Abhijeet Rajendra Sawant Vs. State of Maharashtra, 2017 CLU
896 (Bombay H.C.)
Ramesh Iranna Bali Vs. State of Maharashtra, 2017 DGLS (SC)
1580.
Nadeem Shaikh Vs. State of Maharashtra, 1010 ALL MR (Cri)
2551.
Vinod Bhavarlal Mohata Vs. State of Maharashtra, LEX
(Bom)2010–3–96.
Yunis & Anr Vs. State of U.P. 1999(2) Crimes 284 (Allahabad
H.C.)
Suresh Krishnarao Pol Vs. State of Maharashtra, 2009 ALL MR
(Cri.) 3289.
Matru @ Girish Chandra Vs. State of Uttar Pradesh, LEX(SC)
1971-3-46.

With due respect all citations are not applicable to the case in hand.
7.

Adv.Shri.Deshmukh vehemently submitted that there is no
criminal history of applicant/accused. He is ready to abide any condition
imposed on him. Ld. APP Shri.Kadave vehemently submitted that the said
incident occurred on day time, 30 to 40 persons have collectively assaulted
the son of first informant and his friends and in the said incident one Rahul
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ANTICIPATORY BAIL APPLN.No.991/2022
(order below Exh.1)
Ramesh Salve was murdered and son of first informant sustained grievous
injury.
8.

I have gone through the charge-sheet, FIR dated 28.1.2022 filed
by informant Aasha Patric Manwel, mother of injured, Francis @ Kavu Patric
Manwel. Brief facts of her complaint is that at 3.30 to 4.30 in the afternoon
while she was lodging complaint at Igatpur P.S. about morning incident of
pelting stone by 10 to 15 came on motorcycle of Nandgaon Sado. She came
to know that again these people came by walking and motorcycle towards
her home alongwith sticks, knife and sword. Her son and friends started
running when these people assaulted Rahul Ramesh Salve (deceased),
Francis @ Kavu Patric Manwel, John @ Chota Papa Patric Manwel, Vishal
Hanumant Khade, Sanju @ Sonu Mastan, Mohan Raut, Faijan Shaikh and
Bhushan Ahire. Hari Bhandari assaulted by knife on head, face, ribs, hands
and legs on Ramesh Salve. Rahul was caught hold by Sonu Gupta (BSummary Report) and Mayur Mali (applicant of Bail Application
No.974/2022), Bhusan Mali (absconding) and Ganesh Moule (absconding).
She further states that Sonu Gupta assaulted with knife on neck of Francis @
Kavu Patric Manwel, victim was caught hold by Mobin Shaikh (B-summary
report) and Sagar Dal Bhagat (B-summary report). She further states
Krushna Narayan Bhagde, Balu Gangurde, Namdeo Mhasne, Gangaram
Vitthal Bhagade (applicant no.1) Vitthal Keru Bhagde, Suraj Ramdas
Bhagade (applicant no.2) assaulted on injured i.e. John @ Chota Papa Patric
Manwel, Vishal Hanumant Khade, Sanju @ Sonu Mashan Mohan Raut,
Faijan Shaikh and Bhushan Ahire with the help of sticks and ran away. While
returning back Vitthal Keru Kokate and Kalu Punja Sadgir damaged door and
windows of informant’s house. Her son was admitted at hospital and Rahul
Salve succumbed to injury.

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ANTICIPATORY BAIL APPLN.No.991/2022
(order below Exh.1)
9.

I have also gone through the statement of injured Francis @
Kavu Patric Manwel dated 29.1.2022 and statement of all witnesses filed
alongwith charge-sheet. Statement as well as report alongwith the
charge-sheet clearly shows that the in FIR as well as statement of eyewitnesses before police the name of present applicant/accused is nowhere
mentioned. The report filed by the SDPO reveals that all applicants in
C.R.No.9/2022 were seen in the CCTV footage and there is recovery of
weapon at the instance of absconding applicants also by the investigation
agency.
10.

After minute perusal of charge-sheet, I am of the considered
opinion that applicant is played minor role in commission of offence. There
is nothing on record to attribute any overt act against the applicant/accused.
It is true that the name of the other applicants are mentioned in the FIR with
a minor role of assault by applicant no.1 (in bail application no.1010/22) on
Bhushan Ahire and applicant no.2 (in bail application no.1010/22) on other
witnesses. It nowhere reveals after perusal of charge-sheet that any of the
witnesses is still admitted in the hospital. The charge-sheet is already filed in
the Court. After perusal of the charge-sheet it reveals minor role played by
the applicant/accused when compare with other co-accused who played
main role. The applicant/accused is young age and student and taking
education. No criminal antecedents against him. Therefore, subject to
stringent condition he is entitled to release on bail.
11.

The Ld. Adv. Shri.Deshmukh has placed reliance on Abhijeet
Rajendra Sawant Vs State of Maharashtra, 2017 CLU 896, in which the
Hon’ble Bombay High Court held that,
“Upon perusing the papers of investigation and upon
hearing the learned senior counsel, the applicant who was
hardly 18/19 years old at the time of incident, deserves to
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ANTICIPATORY BAIL APPLN.No.991/2022
(order below Exh.1)
be enlarged on bail. The active role is played only by the
father of the applicant. It cannot be said that the
exhortation has resulted into action and hence the
applicant deserves to be enlarged on bail”.
He
further
relied
upon
Suresh
Krishnarao
Pol
Vs
State
of
Maharashtra, 2009 ALL MR (Cri) 3289, wherein it is held that,
“I have perused the case dairy. The First Information Report
shows that only Namdeo Nandardhane and Purushottam
were named. It appears that thereafter some more
statements were recorded. In so far as the present applicant
is concerned, there is no allegation that the present
applicant hit the deceased by any dangerous weapon.
Allegation is against Purushottam and Namdeo
Nandardhane about the actual assault. In view of this, the
applicant deserves to be released on anticipatory bail”.
12.

Considering the over all submissions by both the parties, perusal
of the charge-sheet, statement of witnesses and CCTV footage I am of the
considered opinion that applicant/accused is entitled to release on bail with
stringent conditions. Hence, following order is passed ORDER
1.

Anticipatory bail Application below Exh.1 is allowed.

2.

Applicant/accused Chetan Vithoba Mhasne shall be
released on bail, in the event of their arrest by Igatpuri
Police Station in C.R. No.9/2022 registered with Igatpuri
Police Station for an offence punishable under Sections302, 307, 452, 427, 143, 147, 148, 149, 323, 504, 506 of
the Indian Penal Code and 37(3)(1) r/w. 135 of the
Mumbai Police Act and 4/25 of the Arms Act on
furnishing P. R. Bond of Rs.25,000/- (Rs.Twenty Five
Thousand Only) with one or two solvent surety of like
amount on the following conditions :
(a) He shall attend Igatpuri Police Station on First and
Third Monday in between 11.00 a.m. to 2.00 p.m. for
next three months.
(b) He shall not pressurize the informant prosecution
witnesses and their family members and not come in
contact in any way with them and also tamer them.
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ANTICIPATORY BAIL APPLN.No.991/2022
(order below Exh.1)
(c) Applicant/accused shall submit his contact number
and proof in respect of permanent and temporary
residence to this Court.
(d) If he breach any of the abovesaid conditions it would
be a cause to cancel the bail.
3.

Concerned Police station be informed accordingly.

4.

The prayer for release on provisional cash bail in like
amount is allowed with eight weeks time to furnish the
surety.

5.

Criminal Anticipatory Bail Application stands disposed of
accordingly.
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.09.08
11:19:41 +0530
Nashik.
Date : 07.09.2022
(Dr. U.J. More)
Additional Sessions Judge
Nashik.

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