MHNS010045992022 Order below Exh. 1 in Criminal Bail Application No. 1064/2022
1.This is an application preferred by applicant Dipak Vishnu Sadakale for bail under section 439 of Cr.P.C. in C.R. No. I237/2022 registered in Bhadrakali Police Station, Nashik for the offence punishable
under section 3/25 of the Arms Act.
2. It is submitted by the accused that he has been falsely implicated. Seized cartus and pistol are not owned by the accused. Accused has not done any act to attract the offence against him. Offence is
triable by J.M.F.C. Court. The Ld. J.M.F.C. court rejected the bail application of the accused. Accused did not contravene the prohibitive order nor illegally kept the muddemal in his possession. Muddemal in the
present crime is already seized and nothing has to be recovered at the instance of accused. Statement of complainant and witnesses are already recorded. Nothing remains to investigate any other information from the accused. Complainant and witnesses are the police employees and therefore if the accused is released on bail there is no possibility to tamper the witnesses. Both liver of accused are damage and he is the only male member in his family.
There are no criminal antecedents against the accused nor he is habitual offender. Accused is ready to cooperate the investigation. He is ready to abide by all the terms and condition. Hence, prayed that application is allowed.
3. Say was called of the investigating officer. He has objected this application on the count that, offence is serious in nature. Accused was found in possession of country made pistol with live cartus. Investigation is in progress from where accused has got the possession of the country made pistol with the cartus. They have to inquire whether the country made pistol found with the accused was brought with the intention of selling it. Investigation is pending with respect to the same. Accused is habitual offender. Two offences are registered against him. Hence, prayed that application be rejected.
4.Heard Ld. APP and Ld. Advocate for accused. It is contention of the Advocate for the accused that already recovery has been made. Nothing remains for investigation. Accused is in jail since last 20 days.
There is no nexus of the offence which are leveled against accused prior. It is the part of the trial to consider the FIR and the time of the trap. No purpose would be served keeping the accused behind bar, hence, prayed that bail be granted.
On the other hand Ld. APP has objected this application on the count that accused was waiting in crowded place possessing two pistols and live cartus. He was in possession of the weapon for committing some offence. Investigation is in progress. If accused is released on bail he will tamper the evidence hence prayed that application be rejected.
5.On perusing the FIR it is seen that accused was found with two country made pistol with cartus and he was apprehended. Nothing remains to be recovered from the accused. Accused is charged for the
offence punishable under section 3/25 of Arms Act. In such circumstances when recovery is already made no purpose will be served to detain the accused behind bar. Trial will take time. Accused is resident of Nashik.
Apprehension of the I.O. can be taken care by imposing conditions. Hence, I proceed to pass following order :
ORDER
1.The application is allowed.
2.The applicant/accused Dipak Vishnu Sadakale involved in C.R.No. I237/2022 registered with Bhadrakali Police Station, Nashik for the offence punishable under section 3/25 of the Arms Act, be released on bail on his executing P.R. and S.B. of Rs. 25,000/ (Rupees Twenty Five Thousand Only) with one solvent surety of like amount.
3.He shall mark his presence in Bhadrakali 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.He shall not tamper with the prosecution evidence or witnesses.
5.He shall not commit similar type of offence.
6.He shall not leave India without prior permission of the Court.
7.He shall furnish address proof of address of his residence and contact numbers.
8.Bail before Ld. J.M.F.C.
9.In case of breach of the conditions, the respondent is atliberty to apply for cancellation of bail.
Nashik.
Date : 13/09/2022.
Sd/xxx (V.S.Malkalpatte Reddy) Additional Sessions Judge, Nashik.