Cri Bail Appln. No.1334 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1334 of 2022
CNR NO.MHNS010055712022
Eknath Tukaram Dagle
Age : 52 years, Occu.: Agriculture
R/o : Gonde, Tal. Peth,
Dist. Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Harsul Police Station
(C.R. No.I­116/2022)
… Respondent/State.

Appearance :
Ld. Adv. Smt. Sabina Sayyed for Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Shri. Ganesh Warule, A.P.I. (I.O.), Harsul Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 18th November, 2022)
1.

This is an application filed under Section 439 of Criminal
Procedure Code for grant of regular bail in connection with C.R. No.I­
116/2022 registered with the respondent Harsul Police Station for an
offence punishable under Section 302 of the Indian Penal Code alleging
therein that, applicant and the victim were goods friends and they had been
to Tandalachibari for a function after funeral (jk[k lkoM.k s). It is alleged that,
they were consuming liquor in the afternoon and on that count there was a
Cri Bail Appln. No.1334 of 2022 (Or. Exh.1)
2
quarrel between them and applicant assaulted the victim by stone on his
head, ear, chest, stomach and other part of the body and committed murder.
2.

Read the application and the say at Exh.5. Heard Ld.

Advocate for applicant. Ld. A.P.P. for the State and the I.O. in person.
3.

It is the case of the applicant that, he is been falsely
implicated in this case. There is a delay of 24 hours in filing the F.I.R. The
F.I.R. is based on hear­say information. There is no involvement of the
applicant. Investigation is over. Nothing is to be recovered or discovered at
the instance from the applicant. Ready to abide by the terms and conditions
likely to be imposed by this Court. Therefore, prayed to allow the
application.
4.

Respondent objected on the ground that, investigation is in
progress, offence alleged in serious in nature, there is an involvement of
applicant in the Crime and there is a prima­facie case against the applicant.
If the applicant is enlarged on bail, he may threaten the witnesses and
pressurize them and they are his relatives. There is every likelihood that, he
may tamper with the prosecution evidence. Therefore, prayed to reject the
application.
5.

On submissions of the Ld. duo Advocates and the material on
record, what can be gathered is that, the offence alleged is serious in nature.
It is an allegation that, the applicant on the count of liquor, assaulted the
victim by stone and murdered him. Investigation is in progress. Possibility
of tampering of prosecution evidence and threatening and pressurizing the
complainant and the witnesses can not be ruled­out. As far as, the
arguments that, there is a delay in lodging the F.I.R., F.I.R. is on the basis
Cri Bail Appln. No.1334 of 2022 (Or. Exh.1)
3
of hear­say information and the I.O. is not serious in this case. All these
facts, will be considered by the Ld. Trial Court while appreciating the
evidence on record. This Court while deciding the application in hand is not
called upon to hold a mini trial. Therefore, considering the facts and
circumstances of this case, this Court finds that, discretion can not be
invoke in favour of the applicant. In the result, the application fails. Hence,
the order.
ORDER
1.

Criminal Bail Application No.1334/2022 stands rejected.

2.

Inform the order to the I.O. and the Ld. J.M.F.C. Court.
Digitally signed by
Place : Nashik.
Date : 18/11/2022
MUSHTAQUE MUSHTAQUE
HUSSAIN SHAIKH
HUSSAIN
Date: 2022.11.18
SHAIKH
16:05:55 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.