CRIMINAL BAIL APPLICATION NO. 655/2022
MHNS010025122022
1.

2.

Dnyneshwar Hari Bodke,
Age: 22 yrs., Occ: Labourer
R/o. Shivare, Tal. Niphad
Dist. Nashik.
Age: 39 yrs., Occ: Agri.
Pratik Bhagwat Gosavi,
Age: 25 yrs., Occ: Labourer
All r/o. Nandurmadhameshwar,
Tal. Niphad, Dist. Nashik.

… Applicants
V/s.
The State of Maharashtra,
Through Police Inspector,
MIDC Sinnar Police Station,
… Respondent
ORDER ON EXH. NO.1
1.

The applicants have filed this application as per section 439
of Cr.P.C. for grant of bail for an offence punishable under sections 326,
325, 323, 504 and 506 r.w. 34 of IPC.
2.

The brief facts of the present case are that :­
The informant Amol Rajaram Pawar has lodged report
against the accused on 23/01/2022 alleging that when he and his
friends namely Keshav Nathe, Sidharth Sonawane, Raju, Pappu Nathe
were proceeding towards Payal Kalakendra at about 5.45 a.m., his
friend Keshav unknowingly gave dash to accused Somanath who was
standing on the gate. Due to the said reason he and other unknown
person abused and assaulted his friend Keshav by kicks, fist and blows.
Accused Somanath assaulted him by hockey sticks on his head. So when
the informant had been near his friend accused Somnath assaulted him
by hockey stick on his head, legs etc. Whereas other persons also
assaulted him and his friends. Hence, the report.
3.

The applicant by this application has contended that the
applicants are falsely involved in the offence . There is delay of 15 hrs.
in lodging the FIR and no explanation whatsoever is purtforth by the
informant. Nothing is to be recovered from the applicants. They are
local residents and they have no criminal antecedents. So it is prayed
that the application be allowed.
4.

The Ld. APP and the I.O. have contested this application by
filing pursis and say vide Exh.5 and 6 respectively. They have
contended that the offence charged is serious in nature if applicants are
released on bail, they might tamper with the witnesses. So it is prayed
that application be rejected.
5.

Heard Ld. Adv. Mr. Rathi for the applicants. He argued that
as per the report it is alleged that these applicants have only assaulted
by kicks fists and blows. So considering these allegations and role of the
applicants they be released on bail. Also the injured is discharged from
the hospital. Moreover, custodial presence of these applicants is not
necessary and no purpose will be served by keeping them behind the
bars. So he argued that application be allowed.
6.

The Ld. APP Mrs. Patil on the other hand argued that the
offence charged against the applicants is serious in nature. The
applicants have assaulted the informant and others without any reason.
So considering the same and gravity of the offence, the application be
rejected.
7.

Considered the arguments. The record shows that the
applicants are arrested on 22/05/2022. Since then they are in MCR.
The present crime is registered under Section 326 etc. of IPC. against
the applicants. In the FIR it is alleged that accused Somnath Sanap has
assaulted the informant and his friend Keshav by hockey stick. The
allegations levelled against unknown accused is that they have
assaulted by kicks and fist blows. So it appears that the allegations
against the present applicants is assault by kicks and fist blows. The
weapon allegedly used in the offence is already recovered and nothing
is to be recovered from these applicants. The record shows that after
the arrest of the applicants the I.O. has put forth the report of MCR. So
from the same it can be gathered that the custodial interrogation of the
applicants is not necessary.
8.

The APP has contested this application on the ground that
the applicants are likely to tamper with the witnesses. However, only
this ground the application cannot be rejected but certain conditions
can be imposed on them in that connection. Hence, considering the
aforestated facts and the role allegedly played by these accused in the
offence, it would be justified to consider their request. It is also argued
that the injured are discharged from the hospital. Hence, considering
the same and also considering the
fact that the offences charged
against the applicants are triable by Magistrate, no purpose will be
served by keeping applicants behind the bars. Considering the nature of
the offence, I observe that by imposing necessary conditions so that
applicants will not abscond or tamper with the witnesses, they can be
released on bail. The present application thus deserves to be allowed
and I accordingly proceed to pass the following order.

ORDER
1.

The application is allowed.

2.

The applicant nos.1 Dnyneshwar Hari Bodke 2. Pratik Bhagwat
Gosavi be released on bail, on their executing personal bond of
Rs.15,000/­ each along with one surety of like amount subject to
following conditions:
i.

They shall not abscond or tamper with the witnesses and
co­operate in the investigation.

ii.

They shall furnish their address proof and that of their two
near local relatives alongwith their mobile numbers.

iii.

They shall attend MIDC Sinnar Police station on every
Tuesday from 10.00 a.m. to 2.00 p.m. till filing of charge
sheet.

3.

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

4.

Bail before Ld. Judicial Magistrate, at Sinnar.
RADHIKA
MADHUKAR
SHINDE
Date:­ 31/05/2022
Nashik.

Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.06.02
17:17:36 +0530
(Smt. R.M. Shinde )
Additional Sessions Judge,
Nashik.