CNR MHNS010054242020 CR. No. I­19/2020, Indiranagar Police Station, Nashik
registered under sections 3/25 and 5/25 of Indian Arms Act.

Order below Exh.1 in Cri. Bail Application No.1834/2020.

{ Gokul Shivaji Ganeshkar Vs. State }

The first bail application is filed under section 439 of the Code of Criminal Procedure, 1973 ( for short ‘the Cr.P.C.’) by the applicant­accused Gokul Shivaji Ganeshkar, arrested on 22/12/2020 in connection with C.R. No. I­19/2020, dated 13/01/2020, filed in Indiranagar Police Station, Nashik, for the offences punishable under sections 3/25 and 5/25 of Indian Arms Act. He is in magisterial custody remand since 25/12/2020.

2.The application has been preferred on the grounds that the applicant­accused is innocent. He is falsely implicated in this crime. No recovery is done from him. No investigation is pending.

He is permanent resident of Nashik. He is ready to abide by any condition imposed by this Court. Hence, bail may be granted.

3.The learned APP Mrs. Sangle has filed say at Exh. 05.

She has opposed the bail application on the grounds that the offence is very serious. The applicant accused is habitual. He is been transferred from C.R. No. 337/2020 registered with Malegaon Taluka Police Station. He would pressurize the witnesses. Due to the Grampanchayat elections there is possibility that he may use the firearms. Hence, bail may not be granted.

4. Heard both the sides. Perused the police papers.

Learned Advocate Mr. A.K. Kale and Ld. APP Mrs. Sangle has submitted as per the line of their contentions.

5.As per the FIR briefly stated, accused no.1 and 2 were booked for the aforesaid offences as one country made pistol and four live bullets were found in their possession and such possession was for the purpose of sale.

6.On going through the copy of FIR it is seen that it is mentioned in the FIR that the firearms have been seized from the accused Gurunath Shelar. During his interrogation it revealed that he has purchase the same from the applicant­accused. No recovery is pending. There are no details as to the previous conviction of the applicant­ accused. No investigation is pending with him. Therefore no purpose would be served by keeping him behind bars as trial would take its own time. The objections of prosecution can be taken care of by imposing certain conditions on applicant­accused.

Resultantly the following order.

O R D E R
1 Application is hereby allowed.

2 Applicant/accused Gokul Shivaji Ganeshkar be enlarged on bail, in Crime No.I­19/2020 registered with Indiranagar Police Station, Nashik on furnishing personal bond of Rs.25,000/­ with one or two solvent sureties in the like amount.

3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 He shall not commit similar or any other offence and misuse the liberty granted by this court.

5 He shall not make any contact with informant and witnesses in any manner till completion of the trial.

6 He shall attend the court dates scrupulously and co­operate in progress of the trial.

7 He shall furnish his address proof, identity proof and mobile number and place of abode and also furnish the address and identity proof along with mobile number of two nearest relatives, residing in District Nashik.

8 He should attend the concerned police station on every Monday and Thursday in between 10.00 am to 1.00 pm till completion of trial.

9 If the applicant­ accused commits breach of any of the conditions mentioned above, the bail would be cancelled at the moment.

10 Bail before committal court if case is not committed.

(Dictated and pronounced in open court) Samarendra Digitally signed by Samarendra Prakashrao Prakashrao Naik Naik Nimbalkar Nimbalkar Date: 2021.01.08 16:09:01 +0530 (S.P.Naik­Nimbalkar )
08/01/2021. Additional Sessions Judge, Nashik.