BAIL APPLN.No.1025/2022
(order below Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
CRI. BAIL APPLICATION NO.1025/2022
Jagdish Ramchandra Aavhad
Age – 42 yrs., Occ –Service,
R/o.Dodi Bk. Tal. Sinnar, Dist.Nashik,
A/p. R/o. C-203, Second Floor,
Siddheshwar Complex, Manda, Titwada
West, Tal.Kalyan, Dist. Thane.

]
]
]
]
]
]… Applicant/Accused
V/s.
The State of Maharashtra
Through– P.I. Wavi Police
Tal.Sinnar, Dist.Nashik.

]
Station, ]
]… Prosecution/Respondent
Advocate Shri.S.D.Badode for the applicant/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This bail application is filed under Section-439 of the Criminal
Procedure Code by the applicant/accused Jagdish Ramchandra Avhad in
C.R.No.171/2022 registered with Wavi Police Station for the offence
punishable under Section-326, 324, 323, 504, 506 r/w.34 of the Indian
Penal Code.
2.
Raghunath
Facts of the prosecution case is that on 6.8.2022 informant
Fakira
Kedar
while
driving
motorcycle
with
his
grand-daughter in-front of applicant’s home, applicant no.1 and 2
assaulted informant’s son on his hand, mouth and head and he fall down.
Accused no.2 assaulted with iron rod on informant’s right hand, right
knee, right joint. When informant started shouting his wife Navsabai came
there. Accused no.3 came there, she abused Navsabai in filthy language. In
this scuffle her golden chain broken and sustained damage. Informant was
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BAIL APPLN.No.1025/2022
(order below Exh.1)
taken to Civil Hospital and subsequently complaint lodged under the
aforesaid sections at concern police station.
3.

Facts of the applicants case is that, other two accused are
released on bail by Ld. Magistrate. He falsely implicated. Basic dispute is
civil dispute regarding agricultural land. There is previous enmity between
both the parties and therefore accused are falsely implicated of the offence
under Section-324, 323, 504, 506 which are bailable and subsequently
Section 326 was added.
4.

I have heard Ld. Adv. Shri.S.D. Badode who vehemently
submitted that accused is police person. There are no criminal antecedents
against him. He is ready to abide any condition.
5.

I have heard Ld. APP Shri.Kadave, who strongly objected.

6.

Heard both sides. Perused application and say. The offence
punishable under Section-326 is triable by Ld. Magistrate. It reveals that
the accused arrested and in jail since 18.8.2022. The medical certificate
reveals that injured took primary treatment at Dodi PHC, Civil Hospital
then Suyog Hospital, Nashik. The endorsement certificate dated 7.8.2022
reveals that patient in condition to give valid statement. It reveals that no
injured person admitted at present in the hospital as per concern police
station. The say filed by the prosecution also reveals that patinet is
discharged but certificates are yet to be obtained. Considering all the facts
and circumstances as well as no criminal antecedents, I am of the opinion
that he is entitled for the enlargement on bail. Hence, order
ORDER
1.
2.

Bail Application below Exh.1 is allowed.
Applicant/accused Jagdish Ramchandra Aavhad be
released on bail in C.R. No.171/2022 registered with
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BAIL APPLN.No.1025/2022
(order below Exh.1)
Wavi Police Station for an offence punishable under
Sections- 326, 324, 323, 504, 506 r/w. 34 of the
Indian Penal Code on furnishing P. R. Bond of
Rs.50,000/- (Rs.Fifty Thousand Only) with one or two
surety in like amount on following conditions.
(a) He shall attend Wavi Police Station on every
Monday and Tuesday in between 11.00 a.m. to
2.00 p.m. till filing of charge-sheet.
(b) He shall not pressurize the informant and his
family members and also come in contact in any
way with them.
(c) He shall not stay within the jurisdiction of Wavi
Police Station till next six months.
(d) He shall not repeat the offence.
(e) If he breach all the abovesaid conditions it would
be a cause to cancel the bail.
3.

Criminal Bail
accordingly.

Nashik.
Date : 23.08.2022
Application
stands
disposed
of
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.08.24
13:17:17 +0530
(Dr. U.J. More)
Additional Sessions Judge
Nashik.

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