MHNS010043662022
Order below Exh.1 in Criminal Bail
Application No. 1009/2022.
1]
This is an application preferred by accused Digambar
Gangadhar Gangode for bail under section 439 of Cr.P.C. in C.R. No. I
253/2022 registered in Panchavati Police Station, Nashik for the offence
punishable under section 379 of the Indian Penal Code.
2]
In short, it is contended by the accused that FIR is lodged
against unknown person. He has been implicated on suspicion. No role is
attributed to the present accused.
Bail application was filed by the
accused rejected by the Trial Court. He is in jail since his arrest. Nothing
has been recovered or discovered from the accused. He is ready to abide
by the terms and conditions. Hence, prayed that application is allowed.
3]
Investigating Officer has filed his say and opposed the
application on the count that accused is involved in other offences in other
police station.
Stolen motorcycles are recovered. Accused has to be
inquired by taking custody for other police stations. If accused is released
on bail he will threaten the witnesses. Accused is resident of rural area he
will not remain present for trial. Hence, prayed that application be
rejected.
4]
Heard Learned advocate for accused and Learned APP for
State. It is submitted by the Advocate for the accused that already
recovery has been made. No purpose would be served to keeping the
accused in jail. Hence, prayed that bail be granted. On the other hand Ld.
APP has objected this application that accused is habitual offender.
Number of cases are pending against him. Hence, prayed that application
be rejected.
5]
On perusing the FIR it is seen that, complainant has lodged
the report of theft of his motorcycle against unknown person. As per the
investigating officer recovery has been made.
The objection of the
prosecution that accused is are habitual offender and there are other
offences pending against him. However, nothing has been brought on
record to reflect that accused has been convicted for any offence. Merely
because accused is resident of rural area is no ground to reject the
application.
Bail is rule jail is exception.
Trial will take time.
Apprehension of I.O. can be taken care by imposing conditions. Hence, I
proceed to pass following order.
ORDER
1]
The application is hereby allowed.
2]
The accused Digambar Gangadhar Gangode involved in C.R.
No.253/2022 of Panchavati Police Station for the offence punishable
under section 379 of the Indian Penal Code, be released on bail on his
executing P.R. and S.B. of Rs.20,000/ (Rupees Twenty Thousand Only)
with one or two sureties in the like amount.
3]
The accused shall mark his presence in Panchavati Police Station on
every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing of the
chargesheet and to cooperate investigating Officer.
4]
The accused shall not tamper with the prosecution evidence or
witnesses.
5]
The accused shall not commit similar type of offence.
6]
The accused shall furnish address proof, photo identity and mobile
number of self and his two close relatives.
7]
In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.
8]
Bail before trial Court.
Sd/xxx
Nashik.
Date : 23/08/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.