MHNS010057112022
Order below Exh.1 in Criminal Bail
Application No. 1365/2022
1.

This is an application preferred by accused Gajanan
Rambhau Zarekar for bail under section 439 of Cr.P.C. in C.R. No. I­
173/2022 registered in Mhasrul Police Station, Nashik for the
offence punishable under section 326, 323, 324, 504 of the Indian
Penal Code.
2.

It is submitted by the accused that he has not committed
any offence.

He has been falsely implicated.

Injured has been
discharge from the hospital thus he has no danger to his life.
Offence is triable by JMFC.

Nothing has been seized from the
accused. The injury to the complainant do not fall within the ambit
of section 320 of IPC.

He is ready to abide by the terms and
conditions. Hence, prayed that application be granted.
3.

Say was called of the investigating officer. He has
objected this application on the count that statement of the witnesses
are yet to be taken.

Accused has anger and grudge against the
complainant. If accused is released on bail similar type of offence
may occur. Independent eye witnesses have to be search. Hence,
prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused in detail. It
is submitted by the Advocate for the accused that
already
investigation is completed. Complainant has been discharge, hence,
there is no question of offence aggravating to higher count. Trial will
take time. Hence, prayed that bail be granted. On the other hand Ld.
APP has argued that injury certificate reflects that grievous injury has
been caused to the complainant. Accused is not resident of Nashik.
If he is released on bail he will threaten the witnesses.

Hence,
prayed that application be rejected.
5.

Perused the injury certificate filed in the case diary. It is
seen that complainant has sustained injury to splenic with gross
haemoperitoneum with pancreatic injury. The nature of injury is
grievous, however, investigating officer has orally submitted that
complainant has been discharge from the hospital. Thus, offence
escalating to higher count does not arise. Recovery has been made.
Nothing remains to be investigated further.

Trial will take time.

Offence is triable by JMFC. Accused is resident of Nashik, hence, the
question of fleeing away will not arise. Bail is rule jail isl exception.
Apprehension of the I.O. can be taken care by imposing stringent
conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The accused Gajanan Rambhau Zarekar involved in C.R.No. I­
173/2022 registered in Mhasrul Police Station, Nashik for the
offence punishable under section 326, 323, 324, 504 of the Indian
Penal Code, be released on bail on his executing P.B. and S.B. of
Rs.25,000/­ (Rupees Twenty Five Thousand Only) with one or two
sureties of like amount.
3.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the fact
of the case so as to dissuade him from disclosing such fact to the
Court or Police Officer.
4.

The accused shall mark his presence in the Mhasrul 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.
5.

The accused shall not commit similar type of offence.

6.

The accused shall not entered in the area were complainant
resides.
7.

The accused shall furnish his address proof, photo identity and
mobile number of self and his two close relatives. In case of change
of address she shall inform the I.O. about the same.
8.

In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
9.

Bail before Lower Court.
Sd/­xxx
Nashik.
Date : 08/11/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.