Order below Exh.1 in Cri. Bail Application No. 82/2022 Cri.B.A.No.82/22OrderEx.1
1) Hariprasad Gaurilal Joshi .. Applicants/ Accused.
2) Sanket Pramod Chandratre
Vs.
The State of Maharashtra through Police Inspector, Indira Nagar Police Station, Nashik. (Cr. No.I 75/2021) .. Prosecution
Order below Exh.1.
1.This subsequent application has been filed by the applicants/accused under section 439 of Cr.P.C. for releasing them on regular bail in the aforesaid Crime registered at Indira Nagar Police Station, for the offence punishable under section 353, 323, 336, 337, 427 r/w. 34 of the Indian Penal code
2.The report was lodged by a Public Servant namely Rahul Dinkar Gaikwad, Sanitary Inspector on 08.04.2021 alleging therein that on 07.04.2021 around 08.45 to 09.00 pm, he was on duty alongwith his staff. They all were on patrolling duty at Ward No.31. When they were passing through Hotel Kattibutty, they found that the entrance of the said hotel was closed but they suspected some customers inside the said hotel.
So, the complainant and his staff entered the said hotel and found that some customers are dinning. He instructed one of the staff members to take photographs of the customers who were present there and were having dinner. The accused persons who were present inside the hotel, got annoyed and they started pelting stones on the complainant and staff members.
They also assaulted them and also damaged their vehicle. Thus, they have obstructed the public servants who were on duty for implementing COVID guidelines while discharging their official duties.
Based on his report, crime was registered against the accused persons. Accordingly applicants were arrested on 16.01.2022 and since they are in jail.
3.The learned counsel Mr. A.K.Kale appearing for the applicants/accused has argued that they are innocent and have not committed any offence. The alleged incident took place long back almost a year and thus, there is no need to detain the applicants further in jail. They have no criminal antecedents.
The coaccused is already released on bail and hence ground of parity is available to these applicants. They are ready to cooperate with the investigation and ready to abide by each and every conditions if any imposed by this Court. Lastly, he prayed for bail to the applicants/accused.
4.The Investigating Officer has strongly opposed the application by filing say at Exh.5 stating that the offence is of serious nature. If applicants are released on bail, they may pressurize the witnesses and may tamper with evidence.
Hence, lastly prayed for rejection of the application.
The ld. APP Smt. R.Y.Jadhav has strongly opposed the application by filing her written argument vide Exh.6 and thereby stating that the offence is serious in nature. If applicants are released on bail, there is every possibility that they may tamper the witnesses and would not obey the terms and conditions. Hence, prayed for rejection of the bail.
5.After hearing both sides and on going through the police papers, it appears that report was lodged in the month of April, 2021 still chargesheet is not filed by the investigating officer for the reasons known to him. Considering the period of detention of the applicants, nature of the offence, punishment prescribed, I am inclined to release the applicants on bail with stringent conditions :
O r d e r
1.Application is hereby allowed.
2.Applicant/ accused – Hariprasad Gaurilal Joshi and Sanket Pramod Chandratre shall be released on regular bail on furnishing their P.R.bond of Rs.25,000/ each with one or more sureties in the like amount, on the following conditions.:
They shall
(a) not act in manner injurious to the interest of the prosecution.
(b) furnish the address of his residence, copy of Pan and Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
3.If the applicants/accused commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.
Digitally signed NAIR by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.01.25 15:33:39 -0600 ( Smt. S.S. Nair ) Date : 25.01.2022. Addl. Sessions Judge 4, Nashik.