..1..
Cri.B.A.No.1026/2022
Criminal Bail Application No.1026/2022
CNR No. MHNS010043972022
[Devendra Narayan Harale V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I360/2022 of Ambad P. S., for offences punishable under
Sections 323, 326, 504 of I.P.C., on the basis of FIR lodged by
Akshay Kamalsingh Uike.
2.
Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That he is
the only bread earning member of the family. He is reputed person
in the society. That the applicant was not present at the spot at the
time of incident. That he is ready to cooperate in the investigation.
He is permanent resident of Nashik. That injured is discharge from
the hospital. The investigation is practically completed and there is
no need of custodial interrogation. That he will not tamper with
prosecution evidence. There is no criminal antecedent against
applicant. Nothing is to be recovered or discovered at the instance
of the applicant. He is ready to abide by all terms and conditions
imposed by the court. On these main grounds and others have
prayed for bail.
3.
Notice was issued to State. State appeared through Ld.
APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that if released, there is possibility of commission of
serious crime. The investigation is in progress. There is a possibility
..2..
Cri.B.A.No.1026/2022
of threat to witnesses or tampering prosecution evidence. On these
main grounds and others have prayed for rejection of bail
application.
4.
Heard Ld. Advocate Mr.Kadbhane for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Ambad police station.
5.
On perusal of F.I.R. as well as case papers, it is apparent
that, name of the present applicant appears in the FIR to be the
assailant. It is alleged that the informant was assaulted by some
sharp weapon on 3.8.2022 on his back. Whether the ingredients of
Sec.326 of IPC are attracted or not can be seen subsequently. At
present, the injured is discharged from the hospital. The offence is
triable by JMFC court or CJM. The applicant is permanent resident
of Nashik. The report of the police does not show any criminal
antecedent. Hence, the discretion can be exercised in favour of the
applicant on certain terms and conditions. Hence, I pass following
order.
ORDER
(1). Application is allowed.
(2). The applicant Devendra Narayan Harale be released on bail
in Cr.No.I360/2022 of Ambad P. S., for offences punishable
under Sections 323, 326, 504 of I.P.C., on furnishing a PR
and SB of Rs.15,000/ with one solvent surety of like
amount on following conditions.
..3..
Cri.B.A.No.1026/2022
(a). He shall attend Ambad Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 23/08/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.08.23
16:43:02 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.