(Order below Exh.1) A.B.A.No.1199/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK ANTICIPATORY BAIL APPLICATION NO.1199 OF 2022
Jairam Bhagwan Dalvi, ]
Age – 49 yrs., Occu – Agri. ]
r/o. Vinchur Dalvi, Tal.Sinnar, ]
Dist. Nashik. ] Applicant/accused
V/s.
The State of Maharashtra ]
Through– P.I. Sinnar Police Station) ] Respondent / (C.R.No.130/2022) ] prosecution
Advocate Shri.R.J.Kasliwal for the applicant/accused.
APP Shri.Kadave for the State.
ORDER BELOW EXH.1
1] This is bail Application u/s.438 of Cr.P.C. in CR No.130/2022 for offence punishable u/s. 307, 324, 323, 326, 504, 506 of Indian Penal Code registered at Sinnar Police Station.
2] In short, the fact of the prosecution case is that the informant Mr.Kailas Namdeo Dalvi lodged report vide C.R.No.130/2022 in Sinnar P.S. against applicant/accused alleging that on 30.3.2022 at 10.15 a.m. while he was sprinkling water on a road with the help of tanker, in front of Baban Nivrutti Hagwane agricultural land, applicant/accused came on his bullet motorcycle. He stopped bullet and asked informant to stop water sprinkling and abused in filthy language. He has removed sickle which was kept near Bullet sheet and ran towards his person and try to assault on his neck.
Whereas he defended with his left hand and therefore he sustained sickle blow on his left hand palm and thereby he sustained grievous injury. Meanwhile, his brother Somnath Dalvi came in his Scorpio
vehicle No. MH-15-BV-1000 from his ‘Mala’ when he intervene; he was also assaulted with sickle by the applicant and therefore he sustained right hand finger injury. Thus, offence is registered under Section 326, 324, 323, 504, 506 of the IPC and subsequently section 307 of the IPC added.
3] The applicant came with the case that he is falsely implicated in this case. The dispute arose on the grounds of water tender. The dispute started by informant and his colleague. Due to the assault applicant sustained head, chest, thigh injury and he was admitted at Sankalp Hospital, Nashik Road for one month. As the C.R.No.129/2022 for offence punishable u/s.306 of the IPC was registered against the informant and his family members under revenge the counter blast and the counter blast C.R.No.130/22 has been falsely registered against the applicant. Section 326 and 307 of the IPC is not
applicable looking into facts of injury. Nothing to be seized from the applicant.
4] I have heard Ld.Adv. Shri.Kasliwal who vehemently submitted that the applicant himself victim of the assault and he is falsely implicated in this case. He is a informant in C.R.No.129/22 and accused in C.R.No.130/22.
5] Ld. APP Mr.Kadve vehemently submitted that the charge-sheet is yet to be filed. Ld.Adv.Shri.Gurule also objected to release on pre-arrest bail.
6] Head both side. Perused application and say. I have gone through the facts of the case it reveals that the applicant/accused Jairam was proceeding on his Bullet from Pandhurli Shivar, stopped his
bullet at Informant Mr.Kailas parked his tanker on the road and he was not able to proceed further. It reveals after perusal of C.R.No.129/22 that the applicant accused was brutally assaulted by the informant and other co-accused on the vital part of this body by the dangerous weapon. The informant and other co-accused were absconding for more than 3 months. Per contra, after perusal of medical certificate in this case it reveals grievous hurt on the left hand palm. It nowhere reveals the grievous hurt on vital part of the body. I am of the considered opinion after perusal of the medical certificate and all documents, the applicant/accused is entitled for pre-arrest bail. Hence,order –
ORDER
1.Bail Application is allowed.
2.The applicant/accused i.e. Jairam Bhagwan Dalvi shall be released on bail, in the event of his arrest by Deola Police Station in CR No.130/2022 registered for the offence punishable under Section 307, 324, 323, 326, 504, 506 of Indian Penal Code registered at Sinnar Police Station on executing PR Bond of Rs.25,000/- with one or two solvent surety of like amount on the following conditions:
a) The applicant/accused 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 the police officer.
b) The applicant shall attend Sinnar Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till filing of charge-sheet.
c) If applicant breach any of the abovesaid conditions it would be a cause to cancel the bail.
3.Concerned Police station be informed accordingly.
4.The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to furnish the surety.
5.Criminal Pre-arrest Bail Application stands disposed of accordingly.
(Dr. U.J. More) Nashik. Additional Sessions Judge Date : 12.10.2022 Nashik.