Cri Bail Appln. No.1330 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.1330 of 2022
CNR NO.MHNS010055662022
Ganesh @ Rohit Narayan Pawar
Age : 31 years, Occu.: Business
R/o : Gangapur Road, Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Dindori Police Station
(C.R. No.I­354/2022)
… Respondent/State.

Appearance : Ld. Adv. A. K. Kale for the Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for the Respondent/State.
Shri. Amol Pawar, P.S.I. (I.O.) Dindori Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 24th November, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in connection with C.R. No.I­354
of 2022 registered with Respondent/Dindori Police Station under Sections
384, 327, 427, 323, 504 and 506 r/w 34 of the Indian Penal Code.
2.

Read the application and the say filed by the respondent vide
Exh.07. Heard Ld. Advocate for applicant, Ld. A.P.P. for the State and the
I.O. Perused the police­papers produced for inspection by the I.O.

Cri Bail Appln. No.1330 of 2022 (Or. Exh.1)
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3.

It is the case of the prosecution that, on 21.10.2022 at about
02.20 hours at Chachadgaon Toll Naka, Dindori the applicant and other 10 to
12 unknown persons came at the Toll Naka and removed the cross­bar and
allowed the vehicles to go without paying the Toll Tax. On this, quarrel took
place between the applicant and the employees of the Toll Naka. Complainant
being the Manager of the Toll Naka came over there. Applicant abused,
threaten and beat the complainant and removed Rs.9,270/­ from his pocket
forcibly. The matter came to be reported to the Police.
4.

It is the case of the applicant that, he is falsely implicated.

Applicant was in­charged of the said Toll Naka prior to the complainant. The
complainant was removing the earlier employees and the applicant asked him
not to do so. On this, the complainant falsely implicated the applicant in this
case. Nothing is to be recovered or discovered at his instance. Custodial
interrogation of the applicant is not necessary. Ready to abide by the terms and
conditions likely to be imposed by the Court. Therefore, prayed to allow the
application.
5.

The grounds of objection are that, offence alleged is serious in
nature. Investigation is in progress. Custodial interrogation of applicant is
necessary, as an amount of Rs.9270/­ is to be recovered. There is likelihood
that, the applicant may threaten and pressurize the complainant and the
witnesses and tamper with the evidence. Therefore, prayed to reject the
application.
6.

Upon hearing and going through the material placed on record,
what can be gathered is that, there is a business rivalry between the applicant
and the complainant because applicant was the Manager of the said Toll Naka
Cri Bail Appln. No.1330 of 2022 (Or. Exh.1)
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prior to the complainant. Interim protection was granted to the applicant by
this Court. Applicant attended the respondent Police Station before the I.O.
Grounds for objection do not appeal to this Court. Custodial interrogation is
not necessary. Investigation can progress without custodial interrogation. The
apprehension of the respondent can be taken care by imposing certain
conditions. Therefore this Court finds that, interim order is required to be
made absolute by imposing conditions. Therefore, the following order.
ORDER
1.

Criminal Bail Application No.1330 of 2022 is allowed.

2.

In the event of arrest, Applicant Ganesh @ Rohit Narayan Pawar be
released on bail on his executing a personal bond of Rs.15,000/­
with solvent surety in like amount to the satisfaction of the I.O in
connection with C.R. No.I­354 of 2022 registered with
Respondent/Dindori Police Station under Sections 384, 327, 427, 323,
504 and 506 r/w 34 of the Indian Penal Code.

3.

Applicant to remain present before the I.O. at the respondent Police
Station on 28.10.2022 between 11.00 a.m. to 01.00 p.m. and co­
operate the I.O. in the investigation.

4.

Applicant not to threaten and pressurize the complainant and the
witnesses.

5.

Applicant not to tamper with the prosecution evidence.

6.

Applicant not to repeat the similar offence in future.

7.

In the above terms, Criminal Bail Application No.1330 of 2022 is
disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 24/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.24
17:06:42 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.