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MHNS010032292022
Order below Exh. 1 in Criminal Bail
Application No. 805/2022.
1.
This is an application moved by the applicant/accused Gopal
@ Pitalya Pintya Dattatray Jadhav under section 439 of the Code of
Criminal Procedure in C.R.No.197/2022 registered against accused at
Panchavati Police Station for the offence punishable under sections 307,
367, 201, 323, 504, 143, 147, 148, 149 r/w section 34 of the Indian Penal
Code and section 135 of the Mumbai Police Act.
2.
It is submitted by the accused that he is innocent and has
been falsely implicated in the crime. On perusing the FIR it is seen that
allegations are made against other accused and no direct allegations
against him.
Accused is the owner of auto rickshaw therefore he has
falsely implicated in the present crime. FIR does not reflect the name of
the present accused. No role is attributed to the present accused. Present
accused has not assaulted and caused grievous injury to the complainant
therefore the offence under section 307 is not attracted. He is ready to
abide by all the terms and conditions. Hence, prayed to allow the
application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, accused has committed serious offence.
Injured is taking treatment from home. Injured has received fracture to
jaw and metal clip has been inserted. He cannot open his mouth due to
which he cannot eat and liquid food is given through tube. Injured is yet
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not stable as clip is inserted due to which he cannot speak so his statement
was not recorded. After recording the statement of the complainant role
attributed to each accused will be verified.
If bail is granted to the
accused further investigation will not be possible. Eye witnesses have seen
that accused no. 5 along with his associates have kidnapped the injured
whose statements have been recorded under section 164 of the Cr.P.C.
Auto Rickshaw of the accused is used in the commission of crime.
Memorandum
statement
of
accused
no.
applicant/accused has assaulted the injured.
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clearly
reflects
that
Injured was assaulted to
such a great extent that he cannot sit and walk and fresh injury are
caused. Wanted accused is yet to be arrested. Investigation is in progress.
Hence, prayed that application be rejected.
4.
Heard Ld. APP and Ld. Advocate for accused. Perused the
case papers. It is argued by the Advocate for the accused that accused has
no concern with the incident. His age is of 41 years. He is not of the
younger generation. He was informing the police about the incident yet
he was arrested. He is made accused instead of witness. Hence, prayed
that bail be granted.
On the other hand Ld. APP has submitted that
witnesses have seen the involvement of the accused. Condition of the
complainant is serious. If accused is released on bail he will threaten the
witnesses. Statement is yet to be recorded of the complainant, hence,
prayed that application be rejected.
5.
Perused the FIR, case papers. It is seen that due to previous
incident of sale and purchase of vegetables there was dispute with Kunal
and Sonu.
Accused along with others assaulted the complainant with
wooden sticks and stones with the intention of causing serious injury. On
perusing the medical papers of the injured it is seen that he has sustained
four grievous injuries as well as there is loss of tooth, upper and lower
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jaws. There is also certificate of the Doctor that due to fixation of intra
dental patient is unable to speak properly. Investigating officer has
categorically stated that as of now statement of the complainant is yet not
recorded.
Without recording the statement of the injured the role
attributed to the present accused cannot be determine. Considering the
fact that serious offences are leveled against the accused. Investigation is
in progress. Hence, I am not inclined to released the accused on bail at
this stage. Hence, following order is passed :
ORDER
Application is hereby rejected.
Nashik.
Date : 25/07/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.