ANTICIPATORY BAIL APPLN.No.1127/2022 (order below Exh.1) IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1127/2022
1. Ganesh Nivrutti Bhagde, ]
2. Manoj Namdeo Adhole, ]
3. Laxman Vithu Bhagde, ]
All R/o. Nandgaon Sado, Tal.Igatpuri, ] Dist.Nashik ] Applicants/Accused
V/s.
The State of Maharashtra ] Through– P.I. Igatpuri Police Station, ] Dist.Nashik. ]Prosecution/Respondent
Advocate Shri.A.I. Deshmukh for the applicants/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This is first anticipatory bail application filed by the applicant Sections 438 of Criminal Procedure Code in connection with C.R.No.9/2022 registered with Igatpuri Police Station for the offence punishable under Section-302, 307, 452, 427, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and 37(3)(1) r/w.135 of the Mumbai Police Act and 4/25 of the Arms Act.
2.It is stated in the application that applicants/accused are student as well as agriculturist. So far as case is concerned on 28.01.2022 there was quarrel took place among John Patric Manwel etc. and Mr.Hari Bhandari etc. both r/o. Nandgaon Sado, Tal.Igatpuri, Dist.Nashik on the ground of previous business enmity regarding business at Igatpuri Railway Station. After the incident Vishal Khade had died while John Patric Manwel son of informant treated and discharged from hospital. There is no evidence against these applicants. Charge-sheet is filed and investigation is over.
3.It is further stated that the FIR and charge-sheet nowhere reveals overt act of applicant. Allegations against the applicant is without concrete evidence.
4.The prosecution has filed say and submitted that the offence is serious in nature. Therefore, considering seriousness of offence and chance to repeat the offence prayed to reject the bail application.
5.Perused the application, say and charge-sheet.
6.I have heard Ld. Adv. Shri.A.I. Deshmukh for the applicants. I have heard Ld.APP Shri.Kadave. I have heard S.D.P.O. Shri.Arjun Bhosle. Adv. Deshmukh placed reliance on various citation as follows –
1) Abhijeet Rajendra Sawant Vs. State of Maharashtra, 2017 CLU 896 (Bombay H.C.)
2) Ramesh Iranna Bali Vs. State of Maharashtra, 2017 DGLS (SC)
1580.
3) Nadeem Shaikh Vs. State of Maharashtra, 1010 ALL MR (Cri) 2551.
4) Vinod Bhavarlal Mohata Vs. State of Maharashtra, LEX (Bom)2010–3–96.
5) Yunis & Anr Vs. State of U.P. 1999(2) Crimes 284 (Allahabad H.C.)
6) Suresh Krishnarao Pol Vs. State of Maharashtra, 2009 ALL MR (Cri.) 3289.
7) Matru @ Girish Chandra Vs. State of Uttar Pradesh, LEX(SC) 1971-3-46.
With due respect all citations are not applicable to the case in hand.
7.Adv.Shri.Deshmukh vehemently submitted that there is no criminal history of applicants/accused. They are ready to abide any condition imposed on them. Ld. APP Shri.Kadave vehemently submitted that the said incident occurred on day time, 30 to 40 persons have collectively assaulted the son of first informant and his friends and in the said incident one Rahul Ramesh Salve was murdered and son of first informant sustained grievous injury.
8.I have gone through the charge-sheet, FIR dated 28.1.2022 filed by informant Aasha Patric Manwel, mother of injured, Francis @ Kavu Patric Manwel. Brief facts of her complaint is that at 3.30 to 4.30 in the afternoon while she was lodging complaint at Igatpur P.S. about morning incident of pelting stone by 10 to 15 came on motorcycle of Nandgaon Sado. She came to know that again these people came by walking and motorcycle towards her home alongwith sticks, knife and sword. Her son and friends started running when these people assaulted Rahul Ramesh Salve (deceased), Francis @ Kavu Patric Manwel, John @ Chota Papa Patric Manwel, Vishal Hanumant Khade, Sanju @ Sonu Mastan, Mohan Raut, Faijan Shaikh and Bhushan Ahire. Hari Bhandari assaulted by knife on head, face, ribs, hands
and legs on Ramesh Salve. Rahul was caught hold by Sonu Gupta (B- Summary Report) and Mayur Mali (applicant of Bail Application No.974/2022), Bhusan Mali (absconding) and Ganesh Moule (absconding). She further states that Sonu Gupta assaulted with knife on neck of Francis @ Kavu Patric Manwel, victim was caught hold by Mobin Shaikh (B-summary report) and Sagar Dal Bhagat (B-summary report). She further states Krushna Narayan Bhagde, Balu Gangurde, Namdeo Mhasne, Gangaram
Vitthal Bhagade (applicant no.1) Vitthal Keru Bhagde, Suraj Ramdas Bhagade (applicant no.2) assaulted on injured i.e. John @ Chota Papa Patric Manwel, Vishal Hanumant Khade, Sanju @ Sonu Mashan Mohan Raut, Faijan Shaikh and Bhushan Ahire with the help of sticks and ran away. While returning back Vitthal Keru Kokate and Kalu Punja Sadgir damaged door and windows of informant’s house. Her son was admitted at hospital and Rahul Salve succumbed to injury.
9.I have also gone through the statement of injured Francis @ Kavu Patric Manwel dated 29.1.2022 and statement of all witnesses filed alongwith charge-sheet. Statement as well as report alongwith the
charge-sheet clearly shows that the in FIR as well as statement of eye-witnesses before police the name of present applicant/accused is nowhere mentioned. The report filed by the SDPO reveals that all applicants in C.R.No.9/2022 were seen in the CCTV footage and there is recovery of weapon at the instance of absconding applicants also by the investigation agency.
10.After minute perusal of charge-sheet, I am of the considered opinion that applicant is played minor role in commission of offence. There is nothing on record to attribute any overt act against the applicant/accused. It is true that the name of the other applicants are mentioned in the FIR with
a minor role of assault by these applicants. It nowhere reveals after perusal of charge-sheet that any of the witnesses is still admitted in the hospital. The charge-sheet is already filed in the Court. After perusal of the reply of the I.O. it reveals name of the applicant no.1 Ganesh reveals in statement
u/s.164 of Cr.P.c. given by Ravindra Bhagade, name of the applicant no.2 Manoj reveals in statement of John Patrick Manwel and name of applicant no.3 Laxman does not reveals in statement of any witness and therefore minor role played by the applicants/accused when compare with other co-accused who played main role. The applicants/accused are young age and student and taking education. No criminal antecedents against them.
Therefore, subject to stringent condition they are entitled to release on bail.
11.The Ld. Adv. Shri.Deshmukh has placed reliance on Abhijeet Rajendra Sawant Vs State of Maharashtra, 2017 CLU 896, in which the Hon’ble Bombay High Court held that,
“Upon perusing the papers of investigation and upon hearing the learned senior counsel, the applicant who was hardly 18/19 years old at the time of incident, deserves to be enlarged on bail. The active role is played only by the father of the applicant. It cannot be said that the exhortation has resulted into action and hence the applicant deserves to be enlarged on bail”.
He further relied upon Suresh Krishnarao Pol Vs State of Maharashtra, 2009 ALL MR (Cri) 3289, wherein it is held that, “I have perused the case dairy. The First Information Report shows that only Namdeo Nandardhane and Purushottam were named. It appears that thereafter some more statements were recorded. In so far as the present applicant is concerned, there is no allegation that the present
applicant hit the deceased by any dangerous weapon. Allegation is against Purushottam and Namdeo Nandardhane about the actual assault. In view of this, the applicant deserves to be released on anticipatory bail”.
12. Considering the over all submissions by both the parties, perusal of the charge-sheet, statement of witnesses and CCTV footage I am of the considered opinion that applicant/accused is entitled to release on bail with stringent conditions. Hence, following order is passed –
O R D E R
1.Anticipatory bail Application below Exh.1 is allowed.
2.Applicant/accused Ganesh Nivrutti Bhagde, Manoj Namdeo Adhole, Laxman Vithu Bhagde shall be released on bail, in the event of their arrest by Igatpuri Police Station in C.R. No.9/2022 registered with Igatpuri Police Station for an offence punishable under Sections-302, 307, 452, 427, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and 37(3)(1) r/w. 135 of the Mumbai Police Act and 4/25 of the Arms Act on furnishing P. R. Bond of Rs.25,000/-each (Rs.Twenty Five Thousand Only) with one or two solvent surety of like amount on the following conditions :
(a) They shall attend Igatpuri Police Station on First and Third Monday in between 11.00 a.m. to 2.00 p.m. for next three months.
(b) They shall not pressurize the informant prosecution witnesses and their family members and not come in contact in any way with them and also tamer them.
(c) Applicants/accused shall submit their contact number and proof in respect of permanent and temporary residence to this Court.
(d) If they breach any of the abovesaid conditions it would be a cause to cancel the bail.
3. Concerned Police station be informed accordingly.
4. The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to furnish the surety.
5. Criminal Anticipatory Bail Application stands disposed of accordingly.
Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.10.01 15:00:38 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 01.10.2022
Nashik.