CNR No. MHNS010016712022
Order below Exh. 1 in, Cri. Bail Application No. 452/2022

(Imran Salim Kureshi @ Goswala(accused 6) Vs. State )

This is application for bail u/s. 439 of the Cr.P.C. from in C. R. No.58 of 2022 registered with Bhadrakali Police Station, Nashik u/ss. 307, 143, 147, 148, 149,504,506 of The Indian Penal Code(IPC) and u/s.135 of The Bombay Police Act.

2.The learned counsel Mr.R.J. Kasliwal for the applicant/accused submits that, he is innocent person and has been falsely implicated. Applicant/accused is ready to abide by any of the terms and conditions to be imposed by this Court. Section 307 is not attracted in this case. Custodial interrogation is not required. He did not participated in the commission of alleged offence. He was merely present on the spot. He has no previous criminal antecedent. He has got fixed and permanent place of residence at Nashik and undertakes to cooperative investigation.

3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.4) adopted say filed by Investigating officer (I.O.) (Exh. 3) and strongly objected this application. I.O. is present alongwith case dairy and papers of investigation.

4.Perused record. Prosecution’s case is that, accused 1 Samir on pretext of demanding money concerning election called informant on phone near Nanavali masjid with intention to kill him.

Applicant/accused inflicted blows with wooden log, abused and attempted to kill him. Presently, accused is remanded in judicial custody. Thought, Mr. Kasliwal submits that, accused was only present at the time of offence on the spot but he did not have any active role.

However, prosecution witnesses state about direct involvement of the accused in the crime. Weapon used in the offence is allegedly recovered at his instance. Offence is serious in nature and it is punishable with life imprisonment. Investigation is incomplete. There is every likelihood that applicant may hamper or tamper prosecution witness or evidence. Consequently, I am not inclined to exercise my discretion in favour of the applicant. Hence, the order.

ORDER

This application stands rejected.

( S.T. Tripathi) Date : 08.04. 2022. Additional Sessions Judge­ 7, Nashik.