CNR No.MHNS010015242022
Order below Exh.1 in Cri. Bail Application No.430 /2022
(Dangal @ Umesh Ashok Patil Vs. State )
This is an application, for bail u/s. 439 of the Cr.P.C. in C.R. No.177 of 2021 registered with Gangapur Police Station, Nashik u/s. 392,34 of The Indian Penal Code(IPC).
2.The learned counsel Mr.R.J. Kasliwal for the applicant submits that, applicant/accused is innocent person and has been falsely implicated. He further submits that lower court has rejected bail application of applicant on the ground that, he is habitual offender and several criminal matters were pending against him. 55 offences have been registered against accused in different police stations of Nashik city and only in one offence, property was recovered from him. Chargesheet has been already filed against applicant. He has been released on bail in 54 cases. Only in this offence,applicant is in custody. He has got fixed and permanent place of residence and undertakes to cooperate investigation. This is last C.R. pending against him which was registered on 21.09.2021 and he has been arrested on 28.03.2022 after he has released on bail in all 54 cases pending against him.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say (Exh.4) filed by Investigation officer (I.O.) and strongly objected this application. I.O. present alongwith case dairy.
4.Perused record and case dairy. The offence is triable by Judicial Magistrate, First Class. In all 54 cases accused has been directed to be released on bail. Recovery has already been effected at his instance in one case only. Learned A.P.P. strongly, objected this application on the grounds that, accused is habitual offender, several offences have been registered against him in different police stations, there is every likelihood of such types of offences may be committed by accused in future and he may abscond.
However, they cannot be considered as satisfactory grounds to deny the bail. No purpose would be served by keeping him behind the bar, as he has been released on bail in all 54 cases. Certain conditions may suffice the purpose. Consequently, applicant deserves bail on above grounds. Hence, the following order.
ORDER
1. This application stands allowed.
2.Applicant Dangal @ Umesh Ashok Patil, shall be released on bail on executing personal bond of Rs.30,000/with one or two sureties in the like amount.
3.Applicant shall not leave India without prior permission of the Court.
4.Applicant shall not tamper with the prosecution witnesses.
5.He shall not commit similar offence in future.
6. Bail before the concerned Ld. J.M.F.C. Court.
( S. T. Tripathi ) Date: 01.04.2022. Additional Sessions Judge 7, Nashik.