Cri.B.A.No.1705/2020 Order below Exh.01 in Cri.B.A.No.1705/2020 CNR No.MHNS010046682020
(Jagannath Vishwanath Ramraje vs. State)
This is second bail application for regular bail U/s. 439 of Cr.P.C. in connection with CR No.I324/2020 registered with MIDC Sinnar police station for the offence punishable under Sec.329, 326, 323, 143, 147, 504, 506 of IPC, on the basis of FIR lodged by Rohan Rajaram Ramraje contending therein that on 27.10.2020 at about 5.30 p.m., the accused persons abused, assaulted him by wooden log on his hands and legs. The accused persons also snatched three golden finger rings, cash amount of Rs.20,000/ and Oppo company mobile and threatened him.
2.Second bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case.
That he is arrested on suspicion basis. He is permanent resident of Brahmanwade, Tal.Sinnar. There are no criminal antecedents against applicant. He never harassed informant. He was not present on the spot. False FIR is lodged. Nothing is to be recovered or discovered at the instance of applicant. Original informant and applicant have compromised the matter on 24.8.2009 and document is executed to that effect. That on 3.9.2020, mother of applicant Hirabai Vishwanath Ramraje has lodged FIR bearing CR
No.541/2020 with MIDC police station against informant under Sec.504, 506 of IPC. As well as on 27.10.2020, Shital Dhanraj Ramraje has lodged FIR bearing CR No.655/2020 with MIDC police
station under Sec.504,506 of IPC against informant. The informant sustained injury in an accident occurred on 27.10.2020. He is ready to abide by all terms and conditions if any imposed by the Court. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that offence is serious one. Applicants and informant are residing in the same vicinity and well known each other.
Previously, there was dispute between them in respect of land.
Accused assaulted the informant and he was seriously injured.
Accused snatched three golden finger rings from the finger of informant, cash amount of Rs.20,000/ and Oppo company mobile which are to be recovered. On these main grounds and others have prayed for bail.
4.Heard Ld. Advocate Gangavane for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Sinnar police station.
5. On perusal of FIR as well as case papers, it is apparent that both the informant and applicant are known to each other. The FIR specifically states that on 27.10.2020 at about 5.30 p.m., the accused persons abused, assaulted informant by wooden log on his hands and legs. Yuvraj Ramraje after assault, snatched mobile. Navnath Ramraje has assaulted the informant and Sushant @ Shahrukh Ramraje has snatched the three golden rings. Even Jagannath assaulted informant. The allegations in the FIR are specific and are not vague. The informant was subjected to medical examination and there are injury marks on his body.
6.The accused was arrested on 09.11.2020 and he was subjected to PCR for a period of 3 days respectively. Since last one month, he is in jail. The report of the police does not disclose any seizure be it wooden logs, gold rings, mobile or cash from the accused persons. Except for assault, there is no corroboration to the allegations about causing robbery of things and articles belonging to the informant. The informant is already discharged from the hospital. Record shows that there is previous enmity between informant and accused. Whether the contents of FIR are exaggerated or not can be seen at the time of trial. The applicant is permanent resident of Nashik. There are no criminal antecedents against him. He will be available for trial. Hence, discretion can be exercised in favour of the applicant on certain terms and conditions.
Hence, I proceed to pass following order :
O R D E R
(1). Application is allowed.
(2). The applicant Jagannath Vishwanath Ramraje be released on bail in Cr.No.324/2020 of M.I.D.C. Police Station, Sinnar for offences punishable under Sections 329, 326, 323, 143, 147, 504 and 506 of I.P.C., on furnishing a PR and SB of Rs. 25,000/ with one or more solvent surety of like amount on following conditions.
(a). He shall attend concerned Police Station on every Monday between 10.00 a.m. to 1.00 p.m. till filing of charge sheet.
(b). He should furnish two documents about his identity proof and two documents in respect of identity proof of his relatives.
(c). 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 them from disclosing such facts to the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court.
Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2020.12.15 15:37:55 +0530 Nashik. ( V. P. Desai) Date : 10/12/2020 Additional Sessions Judge, Nashik.