Datta Maruti Ghode Vs State of Maharashtra Nashik Sessions Court Bail Application 403 of 2022

CNR No.MHNS010014172022 Order below Exh.1 in Cri. Bail Application No.403 /2022
(Datta Maruti Ghode Vs. State )

This is an application, for bail u/s. 439 of the Cr.P.C. in Crime No.80 of 2022 registered with Mumbai Naka Police Station, Nashik u/s. 7(A) Prevention of Corruption Act.

2.The learned counsel Mr.S. D. Bodode for the applicant submits that, applicant/accused is innocent person and has been falsely implicated. He has got fixed and permanent place of residence and undertakes to cooperate investigation.

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. is absent.

4.Perused record. It is the case of prosecution that, applicant who is doing private job on contract basis, demanded bribe of Rs. 3000/­ to sanction the loan of Rs. 4,71,400/­ for the complainant Balasaheb Eknath Dive. Learned A.P.P. strongly, objected this application on the grounds that, statements of witnesses are yet to be recorded, investigation is yet to done in respect whether applicant/accused has received money from other beneficiaries and in respect of his service details. However, they cannot be considered as satisfactory grounds to deny the bail. Applicant is in judicial custody.

Entire property has been recovered. No purpose would be served by keeping him behind the bar. Certain conditions may suffice the purpose.

Consequently, applicant deserves bail. Hence, the following order.

ORDER
1. This application stands allowed.

2.Applicant Datta Maruti Ghode, shall be released on bail on executing personal bond of Rs.15,000/­ with one surety 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 daily attend the police station for one week between 11.00 a.m. to 1.00 p.m. or as and when called by I.O. under written intimation.

( S. T. Tripathi ) Date: 28.03.2022. Additional Sessions Judge­7, Nashik.