CNR
No.

MHNS010035632022
Order below Exh. 1 in, Cri. Bail Application No. 879/2022
(Gaurav Vilas Thorat (accused 4) Vs. State )
This is an application for bail u/s. 439 of the Cr.P.C.
after filing of charge­sheet, 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. He was arrested on 2.5.2022 and at present, he was
remanded in judicial custody. He is young person aged 19 years
only,labour and sole bread­winner of his family. He is not at all
concerned with alleged commission of offence. Now, investigation
has been completed and charge­sheet has been filed. No purpose
would be served by keeping him behind the bar. Criminal Bail
Application bearing 637/2022 dated 09.06.2022 has been already
rejected by this Court on the ground of incomplete investigation.
This is his first application, after filing of the Charge­sheet due to
change in the circumstance.
3.

Learned A.P.P. Mr.Suryawanshi, by filing pursis (Exh.5)
adopted say filed by Investigating officer (I.O.) (Exh.4) and
strongly objected this application. I.O. is present along with police
case papers of investigation.

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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
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.

Ld. A.P.P. has opposed this application on the grounds
that, 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 is punishable
with life imprisonment and
applicant may hamper or tamper
prosecution witness or evidence.
6.

It is relevant to mention that, charge­sheet has been
filed in this case. Applicant is young aged 19 years, has got fixed
and permanent place of residence. Now, investigation has been
completed and charge­sheet has been filed. Thus, there is change in
the circumstances. On perusal of injury certificate issued by Apollo
Hospitals, issued by Dr. Ganesh Chaudhari it appears that in all
there were six injuries out of which, injury No.6 was mouth injury,
Right Maxila Fracture. This appears to be only grievous injury. Rest
of the injuries are simple in nature. This certificate is undated. On
perusal of letter issued by Vision Hospital and Search Centre dated
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20.07.2022 it appears that,
on 16th May 2022 X­ray reveals
fracture to Tibia bone. Perusal of charge­sheet reveals that, present
applicant has used wooden stick to beat the injured. Initially, the
offence u/s. 326 of IPC was registered and latter on Sec. 307 of IPC
was added. In the circumstances, considering the role of accused,
weapon used and above grounds, no purpose would be served by
keeping him behind the bar for indefinite period. Certain
conditions may suffice the purpose. The case has not been
committed to the Court of Sessions. Consequently, commencement
of trial and its conclusion is far away.

Therefore, applicant
deserves bail on certain terms and conditions. Hence, the
following order.
ORDER
1.

This application stands allowed.

2.
Applicant/Accused­4 Gaurav Vilas Thorat (accused 4) shall
be released on bail, 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, on executing personal bond of Rs.50,000/­,
with one or two sureties,in the like amount, each.
3.
He shall not leave India without prior permission of the
Court.
4.
He shall not hamper or tamper with the prosecution
witnesses or evidence.
5.
He shall furnish proof of address of his residence and
contact numbers.
6.

Bail before Ld. J.M.F.C.

Date : 06.08.2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.