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MHNS010030562022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 766/2022.
1.

This is an application filed by applicant Darshan Arvind
Baviskar for anticipatory bail under section 438 of Cr.P.C. in C.R. No. I­
120/2022 registered against applicant at Sarkarwada Police Station for
the offence punishable under sections 353, 309, 323, 504, 506, 341 r/w
section 34 of the Indian Penal Code and section 3(1)181, 158/177,
128/177, 184 of the Motor Vehicle Act.
2.

In short it is the case of prosecution that at about 12.00 noon
complainant was waiting at old CBS at that time one two­wheeler was
proceeding towards Canada Corner in high speed.

When they stopped
him at that time the motorcycle rider inquired to him why he had stopped
him and pushed him on one side by catching his hand. Even the two
persons sitting on the back abused him in filthy language and started
arguing with him. Other employees present with the complainant inquired
his name and address, driving license, papers of vehicle and why he was
not wearing the helmet and he has to pay fine at that time they started
arguing. The said persons by stating that they will close the road so they
sat on the road and obstructed the traffic. They gave them understanding
and took them to the side at that time he again caught his collar and told
him not to speak and they will see him by stating so he has caused
obstruction in the official duty. Hence, the complaint.

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3.

It is submitted by the applicant that he has been falsely
implicated in the present crime. Accused is innocent. Applicant never
drove his vehicle with triple seat nor he caught by the complainant as
alleged in the FIR. Applicant was having all the documents of the vehicle,
driving license, helmet due to which he did not break any traffic rules.
Complainant demanded money which he refused so he was implicated in
the false crime. Complainant misuse the power vested to him to satisfy his
personal grudge.

Offences levelled are not attracted.

Investigation is
completed, charge­sheet has been filed. NBW has been issued against him.
There are no criminal antecedents, hence, prayed that pre­arrest bail
application be granted.
4.

Say was called of investigating officer wherein he contends
that, offence under section 353, 309, 323, 504, 506 r/w section 34 of the
Indian Penal Code is filed against the accused, however, applicant is not
attending the court so he has filed the present application. If he is released
on bail possibility of accused attending the court is bleak, hence, prayed
that application be rejected.
5.

Heard Ld. Advocate for the applicant and Ld. APP for the
State. It is seen from the contentions of the accused that charge­sheet has
been filed against the accused for the offence punishable under sections
353, 309, 323, 504, 506, 341 r/w section 34 of the Indian Penal Code and
section 3(1)181, 158/177, 128/177, 184 of the Motor Vehicle Act. It also
appears that accused was served with notice under section 41 of Cr.P.C.
and was instructed to remain present before the Court. He apprehends
that he will be arrested in execution of NBW issued against him by the
Court. In the above background it is seen that offence under section 353
of the IPC is triable by Court of Sessions. As charge­sheet has been filed
nothing to be investigated. Trial will take time. Accused is resident of
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Nashik. Hence he is not likely to flee away. Apprehension of the
prosecution that accused will not appear regularly before the Court can be
taken care by imposing conditions. Hence, I proceed to pass following
order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Darshan Arvind Baviskar involved in C.R.
No. I­120/2022 registered in Sarkarwada Police Station for the
offence punishable under sections 353, 309, 323, 504, 506, 341 r/w
section 34 of the Indian Penal Code and section 3(1)181, 158/177,
128/177, 184 of the Motor Vehicle Act, be released on bail on his
executing P.R. and S.B. of Rs.15,000/­ (Rupees Fifteen Thousand
Only) with one surety.

3.

The applicant/accused shall attend the Court regularly except when
exempted by the Trial Court.

4.

Bail before Ld. CJM Court.

5.

Application is disposed off accordingly.

Nashik.
Date : 22/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.