1 Cri. Bail Appln. No.435 of 2022 (Or. Exh.1) IN THE COURT OF ADDITIONAL SESSIONS COURT, NASHIK,
AT ­NASHIK.

(Presided over by Mr. M. H. Shaikh)

CRIMINAL MISC. APPLICATION No.435/2022

CNR No.MHNS010015472022

Ganesh Valu Pawar
Age : 26 years, Occu.: Agriculture
R/o : At ­ Harsul, Post­Dugaon,
Tal. Chandwad, Dist. Nashik. … Applicant.

V/S

State of Maharashtra
Through : Deolali Camp Police
Station.(C.R. No.I­112/2021) … Respondent.

Appearance :
Ld. Adv. Shri. J. S. Shaikh for Applicant.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent.
ORDER BELOW EXH. No.1
(Delivered on 05th April, 2022)

1.This is an application filed under Section 439 of Criminal Procedure Code for grant of regular bail in C.R. No.I­112/2021 registered with the respondent Deolali Camp Police Station for an offence punishable under Sections 417, 420, 465, 467, 468, 170, 171 of the Indian Penal Code and 6(1)(c), 6(2)C(3) of the Official Secrets Act.

2. It is alleged in the FIR by the complainant who is the Subhedar in the Army that, on the day of incident, in the night time, theapplicant wearing the uniform of the Military Officer personified him to be Military Officer and entered the prohibited area and when asked, he gave evasive answers, therefore, complaint came to be lodged against him.

3.It is the case of the applicant that, the applicant came to be accosted on the spot. Investigation is completed and Charge­sheet is filed. Applicant is ready to abide the terms and conditions.
Therefore, prayed to allow the application.

4.On the other hand, by way of Say, objection came to be filed vide Exh.4 wherein it is stated that the offence is serious in nature. Applicant may misuse the photographs taken by him of Military area. He may threatened the witnesses and the complainant. Therefore, prayed to reject the application.

5.Heard Ld. Adv. for the applicant and Ld. A.P.P. for the State.

6.Upon hearing and going through the material placed on record, what can be gathered is that, this is the third application for regular bail filed by the applicant. Investigation is over and Charge­ sheet is filed. Therefore, there is change in circumstances and application is maintainable.

7.As far as the merits of the case is concerned, the allegations are that the applicant entered in the Military area and was caught over there. Investigation is completed. Allegations shall be dealt with by the Ld. Trial Court. Offences alleged are triable by the Ld. J.M.F.C. As far as, the apprehension of the respondent that can be taken care by imposing conditions upon the applicant. No purpose will be served in keeping the applicant behind the bar for an indefinite period. In the result, the application succeeds. Hence, the order.

ORDER

1.Criminal Bail Application No.435/2022 is allowed.

2.Applicant Ganesh Valu Pawar be released on bail in connection with C.R. No.I­112/2021 registered with the respondent Deolali Camp Police Station for an offence punishable under Sections 417, 420, 465, 467, 468, 170, 171 of the Indian Penal Code and 6(1)(c), 6(2)C(3) of the Official Secrets Act, on his executing a personal bond of Rs.25,000/­ with one or more solvent sureties in like amount to the satisfaction of the concerned Ld. J.M.F.C., Nashik.

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

4.Applicant not to tamper with the prosecution evidence.

5.Applicant not to commit similar offence in future.

6.Bail before the Ld. J.M.F.C., Nashik.

7.In above terms, the Criminal Bail Application No.435/2022 stands disposed off accordingly.

Place : Nashik.
Date : 05/04/2022

MUSHTAQUE HUSSAIN SHAIKH Digitally signed by MUSHTAQUE HUSSAIN SHAIKH Date: 2022.04.06 18:22:07 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.