CNR
No.
MHNS010024232022
Order below Exh. 1 in, Cri. Bail Application No. 637/2022
(Gaurav Vilas Thorat(accused 4) Vs. State )
This is application for bail u/s. 439 of the Cr.P.C. in C.
R. 63 of 2022 registered with Mhasrul Police Station, Nashik u/ss.
307,326,324,143,144, 147, 148, 149,504,506 of The Indian Penal
Code(IPC) and u/s.4/25 of The Indian Arms Act.
2.
The learned counsel Mr.R.J. Kasliwal for the applicant
submits
that, he is
innocent person and has been falsely
implicated. Applicant is ready to abide by any of the terms and
conditions to be imposed by this Court. Section 307 is not attracted
in this case. Custodial interrogation is not required. He is arrested
on 2.5.2022 and at present he is remanded in judicial custody. He
is labour and sole breadwinner of his family. He is not at all
concerned with alleged commission of offence.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis
(Exh.6) adopted say filed by Investigating officer (I.O.) (Exh.5)
and strongly objected this application. I.O. is present alongwith
police case papers of investigation.
4.
It is the case of prosecution that, on 30.04.2022 at
12.45 p.m. at Swami Vivekanand Nagar, near Amol Kirana shop
and Khushi Residency, below Neem tree when Aditya Pingale, son
of informant was standing,accused Suraj Chaorskar,Chetan Chatur,
Sonu Korale, Harsha Kakad, Aditya Gangurde, applicant Gaurav
Thorat, Ajas and other accused came there by motorcycle bearing
..2..
No. MH15/DF 8024, having Koyata, Sword, wooden log in their
hands and struck him by said weapons and by fist and kick blows.
Due to which Aditya Pingale fell down. Thereafter, they ran away
from the spot. Hence, informant lodged report against accused.
5.
that,
Ld. APP has opposed this application on the grounds
offences serious. Investigation is incomplete. Victim has
sustained serious injuries. Custodial interrogation of applicant is
necessary. He may hamper or tamper prosecution witnesses or
evidence.
6.
On perusal of record it appears that, offences are
serious in nature. Prosecution witnesses state about direct
involvement of the accused in the crime. Lethal weapons are used
in the aforesaid crime. Victim has sustained multiple injuries which
are simple as well grievous in nature. Offence punishable with
life
imprisonment.
Investigation
is
incomplete.
In
the
circumstances, custodial interrogation is necessary. Applicant may
hamper or tamper prosecution witness or evidence. Consequently, I
am not inclined to exercise my discretion in favour of the applicant.
Hence, the order.
ORDER
This application stands rejected.
Date : 09.06.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.