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Cri. Bail Appln. No.552 of 2022 (Or Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.552 of 2022
CNR No.MHNS010022182022
1.

Jagannath Devram Nisal
Age : 41 Years, Occu.: Labour
2.

Sangita Jagannath Nisal
Age : 37 Years, Occu.: Labour
3.

Akash Jagannath Nisal
Age : 20 Years, Occu.: Labour
4.

Bhausaheb Karbhari Phasale
Age : 53 Years, Occu.: Labour
R/o : Near Devi Temple, Darna­Sangvi,
Tal. & Dist. Nashik.

… Applicants.

V/S
State of Maharashtra
Through – P.I. Nashik­Road
Police Station, Nashik­Road.
(CR. No.I­120 /2022)
.. Respondent/State.

Appearance :
Ld. Adv. Shri. A. D. Bhosale for Applicants/Accused.
Ld. A.P.P. Smt. Aparna Patil for Respondent/State.
Shri. N. D. Gosavi, API (I.O.) present.
ORDER BELOW EXH. No.1
(Delivered on 13th May, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in Crime No.I­120/2022
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Cri. Bail Appln. No.552 of 2022 (Or Exh.1)
registered with the respondent Nashik­Road Police Station for an
offence punishable under Sections 324, 326, 452, 504 and 506 r/w
34 of the Indian Penal Code.
2.

Perusal of F.I.R. reflects that, the incident occurred on
16.04.2022 at 01.00 p.m. when the accused persons entered in the
house of the complainant, as the daughter of applicant No.1 married
with the complainant. The said marriage was not accepted by the
applicants as it was an inter­caste marriage. Applicant Nos.1 and 2
assaulted the wife of complainant and the mother of the complainant
by fists and leg blows while applicant Nos.3 and 4 assaulted them by
wooden sticks and abused and threatened them.
3.

It is the case of the applicants that, they are innocent and
they are falsely implicated in this case. Nothing is to be recovered
and discovered at the instance of the applicants. They are permanent
resident of the address given in the title clause, practically
investigation is over, ready to abide by the terms and conditions.
Therefore, prayed to allow the application.
4.

Respondent filed the reply vide Exh.7 and objected to
allow the application. It is their case that, injury certificate is to be
obtained, they may threaten and pressurize the complainant and the
witnesses. Therefore, prayed to reject the application.
5.

Heard Ld. Advocate for applicants, Ld. A.P.P. for State
and the I.O. in­person. Perused the police­papers produced for
inspection by the I.O.

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6.

Cri. Bail Appln. No.552 of 2022 (Or Exh.1)
Upon hearing and going through the material placed on
record, what can be gathered is that, incident occurred on
16.04.2022 at 01.00 p.m. It is alleged that, the applicants entered the
house of the complainant and assaulted him as well as his wife and
his mother by wooden sticks. These allegations are denied by the
applicants. The applicant Nos.1 and 2 are in­laws of the complainant.
The daughter of the complainant against the will of the applicants
married with the complainant. The allegations and counter
allegations will be dealt with by the Ld. Trial Court at the time of
trial.
7.

There is a delay of seven days in lodging the complaint.

The wooden sticks are seized by the Police under panchanama. Injury
certificate of complainant came to be collected by the I.O. Statements
of witnesses are recorded. Applicants, complainant and the injured
persons are relatives of each other. Perusal of grounds for rejection of
application do not appeal to this Court. Custodial interrogation of the
applicants is not necessary. By imposing certain conditions, the
apprehension of the respondent Police can be take care. In the result,
the following order.
ORDER
1.

Criminal Bail Application 552 of 2022 is allowed.

2.

In the event of arrest, Applicant No.1 Jagannath Devram Nisal,
Applicant No.2 Sangita Jagannath Nisal, Applicant No.3 Akash
Jagannath Nisal and Applicant No.4 Bhausaheb Karbhari
Phasale be released on bail on their executing a personal bond
of Rs.15,000/­ each with solvent sureties in like amount to the
satisfaction of the I.O. in connection with C.R. No.120 of 2022
of Nashik­Road Police Station under Sections 324, 326, 452,
504 and 506 r/w 34 of the Indian Penal Code.

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Cri. Bail Appln. No.552 of 2022 (Or Exh.1)
3.

Applicants to remain present before the I.O. at the respondent
Police Station on 17th and 19th May, 2022 and thereafter as and
when the I.O. calls them under prior written intimation.

4.

Applicants not to threaten and pressurize the complainant and
the witnesses.

5.

In the above terms, the Criminal Bail Application 552 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 13/05/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.05.13
16:07:03 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.