1
Cri. Bail Application No. 787 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 787 OF 2022
{Hitesh Subhash Doifode vs. The State of Maharashtra through Upnagar
Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 278 of 2021 registered with Upnagar Police Station for the offences
punishable under sections 307, 323, 504 and 506 read with 34 of the I.
P. C.
02]
The applicant contended that false and fabricated case is
registered against him. His name is involved as his friend of main
accused. His name is not given in the F. I. R. Main accused is released on
bail vide order in Criminal Bail Application No. 447 of 2022.
Investigation is completed. Nothing is to be recovered from him. The
injured is out of danger. He has not assaulted him. He has no criminal
antecedent. He is ready to abide by any conditions imposed by the court.
He has prayed for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 05. They have stated that the offence is of serious nature. One
accused is absconding. The bullet is to be seized from the accused. The
investigation is going on. The injured sustained grievous injury. If he is
released on bail, he may threat the injured and the witnesses. Hence,
they have prayed for rejection of bail.
04]
Heard the learned counsel for accused and learned APP.

They have argued as per their stand taken.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers. The accused is not named in the FIR. He is
not the assailant. He only helped the main accused to fled away from
the spot on his motor cycle. Already, main accused is released on bail.
Charge sheet is filed against main accused. Hence, parity applies.

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Looking to the limited role of the accused and no criminal antecedent,
he is entitled for bail on suitable terms and conditions. Hence, the
following order:
ORDER
01]
Application is allowed.

02]
Accused namely Hitesh Subhash Doifode be
released on bail on executing personal bond of Rs.
15,000/- with one or more surety in the likewise
amount each in crime No. 278 of 2021 registered
with Upnagar Police Station for the offences
punishable under sections 307, 323, 504 and 506
read with 34 of the I. P. C.

03]
The accused shall attend police station, as and
when his attendance is required by the I. O.

04]
He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any police officer to tamper with the
evidence.

05]
He shall not tamper the prosecution evidence in
any manner.

06]
He shall not leave India without permission of this
court.

07]
He shall not commit similar type of offence.

08]
He shall furnish his detailed address with proof
and his mobile numbers.

09]
Bail before concerned court of Judicial Magistrate
First Class.
RATHI
ROOPESH
RAMSWARUP
Date : 30.06.2022
Digitally signed
by RATHI
ROOPESH
RAMSWARUP
Date: 2022.07.01
13:41:02 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.