1 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT – NASHIK.
Criminal Bail Application. No.231 of 2022 CNR No. MHNS010006612022
1.Dnyaneshwar Shrimant Dighule
Age : 22 years, Occ : Education
2.Yogesh Sitaram Bahure
Age : 22 years, Occ : Education Both R/o : At Bemblyachi Wadi, PostKhodegaon, Dist.Aurangabad Dist. Nashik. .. Applicants/Accused.
V/S
State of Maharashtra Through Indira Nagar Police Station. (C.R. No.I22/2022) .. Respondent.
Appearance :
Ld. Adv. Shri. Amrish K. Chandgude for Applicants.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent.
Shri. N.S. Bonde, API, (I.O.) present.
ORDER BELOW EXH. N0.1 (Delivered on 24 th February, 2022)
1.Read the application and the say filed vide Exh.4. Heard Ld. Advocate for the applicants, Ld. A.P.P. for the State and the I.O. in person.
2.Crime stood registered bearing C.R. No.I22/2022 with the respondent/police station against the applicants under Sections 420 & 419 r/w 34 of the Indian Penal Code for an allegations that on 09.02.2022, when there was an examination for the post of Clerk at that time the applicants were found in possession of Electronics Devices and they were dummy candidates.
3.It is the case of the applicants that, they are innocent and falsely implicated in this case. Investigation is over. Nothing is remain to be recovered or discovered. They are ready to abide by the terms and conditions. Therefore, prayed to allow the application.
4.Respondent objected on the ground that offence is serious. There may by Syndicate. The report of Forensic is yet awaited. Investigation is in progress. Therefore, prayed to reject the application.
5.Upon hearing and going through the material placed on record, what can be gathered is that, applicants came to be arrested on the spot and were found in possession of Mobile and other Electronics Device and also Aadhar Card of one candidate. Primafacie involvement of these applicants in the said Crime is established. Investigation is in progress. Forensic report of Electronics Devices is awaiting. Considering the nature and gravity of the offence, though it is triable by Ld. J.M.F.C. still at this juncture, this Court is not inclined to invoke discretion in favour of the applicants. Hence, the order.
ORDER
Criminal Bail Application No.231/2022 stands rejected and disposed off accordingly.
MUSHTAQUE Digitally signed by MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.02.25 17:51:13 +0530 Place : Nashik. (M. H. Shaikh) Date : 24/02/2022 Additional Sessions Judge, Nashik.