CNR MHNS010014242022 Order below Exh.1 in Cri. Bail Application No.406/2022.

( Harichandra Tulshiram Bharmal and other Vs State)

This is a bail application moved by the applicant­ accused Harichandra Tulshiram Bharmal under section 439 of the Criminal Procedure Code for grant of bail in connection with CR No.5/2022 registered with Sinnar Police Station for the offence under section 326,323,504,506 r.w.s.34 of the Indian Penal Code (hereinafter referred to as “IPC” for short).

2.It is stated in the application that, the applicant accused was arrested on 21.3.2022 and immediately remanded to magisterial custody and since then he is jail. The alleged incident of assault took place on 25.12.2021 and the injured Dipak @ Guddya Vsant Khetade was allegedly assaulted by wooden stick on his head by accused No.1.

He is son of first informant. It is further stated that, the injured is discharged from the hospital. Investigation is now over and therefore, no purpose will be served by keeping the applicant­accused behind the bar. Therefore, prayed to allow the application.

3.I.O. has opposed the application. Heard both the parties.

4.The learned counsel for applicant­accused Shri. Y.D. Lakariya has submitted that, it is false case lodged against the applicant­accused as the incident is false. There is delay of 10 days in lodging the FIR. The injured is discharged from the hospital. There is need to detain the accused in jail. Therefore, he prayed to allow the bail application.

5.On the other hand, learned APP Shri. Suryavanshi submitted that, there is reason for delay in lodging the FIR as the injured has initially taken the treatment at his house itself and thereafter taken the treatment in hospital and operated his brain.

The offence is serious. The injured and applicant­accused is residing in same village in same lane and therefore, if the applicant­accused released on bail, he will pressurized and threatened the prosecution witnesses. Hence, prayed application may be rejected.

6.I.O. is present and produced the investigation papers. I have carefully gone through the same. Medical Papers supports the version of the prosecution. The injured was operated for his brain and therefore, the matter is serious one. But now the injured is discharged from the hospital and out of danger as submitted by the I.O. and learned APP. Applicant­accused is in jail since near about 25 days. Investigation is now completed. The I.O. has submitted at bar that, within 15­20 days charge­sheet will be filed in the Court.

The learned trial Court has rejected the bail application on the ground that, offence is serious. Considering the above facts and circumstances, the apprehension of prosecution, by imposing certain condition application needs to be allowed. Hence, following order is passed.

O R D E R
i) Application is hereby allowed.

ii) Applicant­accused Harichandra Tulshiram Bharmal be released on bail in connection with CR No.5/2022 registered with Sinnar Police Station for the offence under section 326, 323, 504, 506, 34 of the Indian Penal Code, on execution of P.R. bond of Rs.30,000/­ with one or two surety in like
amount.

iii) He shall not tamper the prosecution witnesses, in any manner and shall remain present in the court on given dates.

iv) He shall furnish his address proof and mobile number of his two relatives.

v) He shall not enter in the jurisdiction of Sinnar Police Station for two month from the date of this order, except for investigation purpose and for attending the court proceeding.

vi) In the event of breach of any of the conditions, his bail bonds shall be liable to be cancelled.

vii) Bail in lower Court.

viii) Inform the concerned police station accordingly.

SHINDE Digitally signed by SHINDE MADHAV MADHAV A A Date: 2022.04.12 18:11:42 +0530 ( M. A. Shinde ) Date­12.04.2022 Additional Sessions Judge­8, Nashik.