CNR No. MHNS010039092022
Order below Exh.1 in Cri. Bail Application No.935/2022.
( Deepak Suryakant Bhagde Vs. State )
This is first bail application moved by the applicant­
accused Deepak Suryakant Bhagde under section 439 of Cr.P.C. in
connection with CR No.9/2022 registered with Igatpuri Police
Station, Dist. Nashik for the offence U/s. 302, 307, 452, 427, 143,
147,148,323,504,506 r.w.s. 149 of the Indian Penal Code, section
4/25 of the Arms Act and section 37(1)(3) r.w.s.135 of the
Maharashtra Police Act.
2.

It is stated in the application that, the present
applicant­accused was arrested on 23.7.2022 and he was produced
before learned JMFC, Igatpuri on 24.7.2022 and was remanded to
Magisterial custody. It is also stated that the name of applicant­
accused is not mentioned in the FIR and there is no whisper in the
charge­sheet regarding the presence of the applicant­accused. As
well as there is no evidence against the applicant­accused nor any
weapons or article was seized from him during investigation. Now
charge­sheet is filed in the court bearing RCC No.56/2022 and
therefore, there is no need to kept the applicant­accused behind
bar. As well as no role of the applicant­accused is mentioned in the
charge­sheet Applicant­accused is agriculturist and resident of
Nandgaonsado, Tal. Igatpuri and also ready to abide the conditions
laid down by this Court, these and other grounds set out in the
application, prayed to allow the application.
3.

Application is opposed by the State by filing report
Exh.5.
4.

Perused the record. Heard, both the parties.

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5.

The learned counsel for applicant­accused Shri. A.I.

Deshmukh has submitted that the name of the applicant­accused is
not mentioned in the FIR as an assailant by the first informant. So
far as report filed by the police is concerned, it is also not
specifically pointing out any role against the applicant­accused.
Therefore, considering this fact, the applicant­accused may be
enlarged on bail on terms and condition laid down by this court.
6.

On the other hand, learned APP Shri. Suryvanshi has
submitted that the said incident had 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 Ramesh Salve was
murdered and the son of first informant sustained serious injuries.
In the statement of Ravindra Bhagade recorded under section 164
of Cr.P.C., the name of applicant­accused is mentioned. He further
submitted that his name is mentioned in the CCTV footage
panchanama and the Bamboo stick and clothes were seized during
investigation. The present applicant­accused is involved in the
crime. Therefore, prayed to reject the application.
7.

The charge­sheet is filed in the court and matter is
awaiting for committal and on perusal of the charge­sheet except
the above piece of evidence, the prosecution did not produce any
other evidence to connect the present applicant­accused with the
death of the victim in the present case. He is not named in the FIR
also. Thus, in view of above discussion, I am inclined to grant the
bail to present applicant­accused on certain conditions.
following order is passed.
ORDER
1.

Bail application No.935/2022 is hereby allowed.

Hence,
Cri. Bail Application No.935/2022.
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2.

Applicant­accused Deepak Suryakant Bhagde in connection
with CR No.9/2022 registered with Igatpuri Police Station,
Dist. Nashik for the offence U/s. 302,307,452,427,143,
147, 148,323,504,506 r.w.s. 149 of the Indian Penal Code,
under section 4/25 of the Arms Act and section 37(1)(3)
r.w.s.135 of the Maharashtra Police Act, be released on bail
on executing bond of Rs.30,000/­ with one or two sureties
in like amount.

3.

He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.

4.

He shall not threaten or tamper the prosecution witnesses
in any manner.

5.

He shall attend the Court on given dates.

6.

In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.

7.

Bail in lower court.

8.

Inform to concern police station accordingly.

Date­ 18.08.2022
SHINDE
MADHAV
A
Digitally signed by
SHINDE MADHAV A
Date: 2022.08.18
17:39:14 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.