(Order below Exh.1) B.A.No.1111/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK BAIL APPLICATION NO.1111 OF 2022

Hamid Rajakhan Mohijkhan ] .. Applicant / accused

V/s.

The State of Maharashtra ] Through– P.I. Tryambakeshwar ] Police Station) ] ..Respondent/prosecution

Advocate Shri.M.R. Aher for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1
This is an application filed under Section 439 of the Criminal Procedure Code for offence registered at Tryambakeshwar Police Station in C.R.No.135/2022 under Sections 307, 323, 504 r/w. 34 of the Indian Penal Code.

2.The case of the prosecution is that applicant Hamid Mohijkhan in furtherance of common intention abused informant and assaulted by fist and kick blows on the reason for not allowing to meet his wife. Absconding accused no.2 try to strangulate his neck with the help of tree branch and this applicant/accused administrating alcohol and broken empty bottle on stone and thereby
assaulted on his neck and accordingly offence under Sections 307, 323, 504 r/w. 34 of the Indian Penal Code.

3.The facts of the applicant’s case is that, he is falsely implicated in this case without any evidence. Applicant is husband of informant’s sister and there is some dispute is going on between applicant and his wife (sister of informant). On the date of incident informant, his sister and friend came to applicant for demand of money. When he refused, they threatened to file false case. There is no medico legal certificate in this case.

4.Heard Adv.Shri.M.R.Aher for the applicant. Heard Ld. APP Shri.Kadave. Adv. Aher submitted that one of the accused is absconding. Applicant helped to investigation agency to trace out other absconding accused. Both parties are close relatives. There is no criminal antecedent.

Ld. APP submitted that accused no.2 is absconding. P.S.I. Dafal is present.

5.Heard both side. Perused application and say. I have gone through the medical certificate which reveals that the patient M.D.Majhar was treated at Civil Hospital, Nashik. Injury No.1 is incised wound on neck front side above cricoid bone 3cm x 1cm x 0.1cm and second injury is abrasion on right lower region abdomen 3cm x 0.1cm. It is to be noted that both of injuries are simple.

Therefore, I am of the considered opinion that the dispute is in between the relatives of wife and applicant. The patient was discharged immediately on the same day dt.28.7.2022. The certificate reveals that he was taken to hospital on 27.7.2022 11.35 p.m. and dicharged on 28.07.2022. Under these circumstances, no purpose will suffice by keeping the applicant/accused beh ind bar.

Hence, there is no need of further custodial interrogation. Under such circumstances, as far as regarding apprehension of the prosecution can be very well settled with stringent condition. Hence,
order –

ORDER

1.Bail Application below Exh.1 is allowed.

2. Applicant/accused Hamid Rajakhan Mohijkhan be released on bail in C.R. No.135/2022 registered
with Tryambakeshwar Police Station for an offence punishable under Sections 307, 323, 504 r/w. 34
of the Indian Penal Code on furnishing P. R. Bond of Rs.25,000/- with one or two surety in like
amount on following conditions.

(a) He shall attend concern police station on every Monday in between 11.00 a.m. to 2.00 p.m. till
filing of charge-sheet.

(b) He shall not pressurize the prosecution witnesses and his family members and also
come in contact in any way with them and co-operate the investigation agency.

(c) He shall not repeat the offence.

(d) If, he breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.17 18:04:30 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 17.09.2022
Nashik.