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MHNS010033052022
Order below Exh.1 in Criminal Anticipatory Bail
Application No. 821/2022
1.
This is an application filed by applicants (1) Gokul Madhav
Nagare, (2) Akshay Kailas Nagare and (3) Dinesh Kailas Thakare for
anticipatory bail under section 438 of Cr.P.C. in C.R.No. I170/2022
registered against applicant at Mumbai Naka Police Station for the offence
punishable under sections 452, 427, 323, 504, 506 r/w section 34 of the
Indian Penal Code.
2.
In short it is the case of prosecution that on 18.06.2022 when
complainant and the security guard were working in the office sub
contractor of Pro Note Companies Gokul Nagare and his associates
entered the office of the complainant and started speaking to him in loud
voice as why they have not made the payment of their work. Inquiring
about Ratnakar and Aman they started abusing them in filthy language
and bang the chair, broke the CCTV camera and threw the fire safety
cylinder from the wall and caused damage. They slapped security guard
Sanjay Bhojane for which offence was registered.
3.
It is submitted by the applicants that they are innocent and
they have not committed any offence, in spite of which they have been
falsely implicated in the present crime. Allegation in the FIR is false and
frivolous. They were not present at the spot when incident was occurred.
Nothing has to be recovered at the instance of applicants.
FIR is lodged
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on 20.06.2022 belatedly as incident occurred on 18.06.2022. To avoid the
payment of bill complainant has filed false complaint against applicants.
Applicants are the only earning members of their family. Applicants are
from respectable families and having good reputation in the society. They
are permanent resident of Nashik and as such they will not abscond. They
are ready to abide by the terms and conditions. Hence, prayed that pre
arrest bail application be granted.
4.
Say was called of investigating officer wherein he contends
that, accused Gokul Nagare along with three adults are absconding since
offence. They have to be arrested and inquired. Offence is serious in
nature if they are released on bail they will commit similar type of offence
and threatened the witnesses. Hence, prayed that application be rejected.
5.
Heard Ld. Advocate for the applicants and Ld. APP for the
State. It is argued by the Advocate for the applicants that there was an
outstanding bill pending with Pronet Technologies Pvt. Ltd., however, they
were not paying the amount so they visited their office. Even then no
payment was made.
The authorities of the said Pronet Technologies
called applicant no.1 for settlement but they denied to make the payment
on that count there were verbal altercations between them so they left the
office.
No such incident has occurred as alleged by the complainant.
Except the offence under section 452 of IPC all other sections are bailable.
Nothing has to be recovered or discovered at the instance of the accused.
Hence, prayed that prearrest bail be granted.
6.
On the other hand Ld. APP for the state submits that there
were four persons involved in the offence of which investigation is
required if applicants are released on bail there is possibility of
commission of similar type of offence, hence, prayed that application be
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rejected.
7.
On perusal the FIR it is seen that incident has occurred when
the applicants went to the office of the complainant to demand the money
of the work done at that time they were abused in filthy language and
bang the chair, broke the CCTV camera and threw the fire safety cylinder
from the wall and caused damage. They slapped security guard Sanjay
Bhojane for which offence was registered.
8.
It appears from the incident that as there was outstanding
amount due from the complainant the incident has occurred. Nothing
remains to be investigated as case papers reflects that statements are
recorded of the witnesses. Video recording is already seized. There is
delay in lodging the FIR of two days. No explanation has been given as to
what prevented the person in whose presence the incident has occurred to
lodged the complaint. Accused are resident of the address given. There
presence can be secured, hence the question of they flee away does not
arise. Apprehension of the prosecution can be taken care by imposing
conditions.
Hence, I proceed to pass following order :
ORDER
1.
The application is hereby allowed.
2.
In the event of arrest of applicants/accused in C.R.No.I170/2022
registered against applicants (1) Gokul Madhav Nagare, (2) Akshay
Kailas Nagare and (3) Dinesh Kailas Thakare at Mumbai Naka
Police Station for the offence punishable under sections 452, 427,
323, 504, 506 r/w section 34 of the Indian Penal Code, they be
released on executing their P.R. Bond of Rs.15,000/ (Rupees
Fifteen Thousand Only) each with one surety in the like amount.
3.
Applicants/accused shall not commit similar type of offence.
4.
Applicants/accused shall cooperate the investigating agency as and
when called at the police station.
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5.
Applicants/accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to
the court or to any police officer or tamper with the evidence.
6.
In the event of violation of any terms, Investigating Officer is at
liberty to take appropriate steps under section 439(2) of Cr.P.C.
7.
Inform concerned Police Station accordingly.
8.
Application is disposed off accordingly.
Nashik.
Date : 30/06/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.