CNR No. MHNS010017722022
Order below Exh.1 in Cri. Bail Application No.473 /2022
(Jay Santosh Kharat applicant/accused 2 Vs. State )
This is an application, for bail u/s. 439 of the Cr.P.C. in C.R. No.106 of 2022 registered with Panchavati Police Station, Nashik u/s. 397,34 of The Indian Penal Code(IPC).
2.The learned counsel Mr.A.A. Kardile for the applicant submits that, applicant is innocent person and has been falsely implicated, he has no criminal antecedent, no muddemal property has been recovered at the instance of applicant. There is delay in lodging FIR. Description of accused is not stated in FIR. He is young boy. He has got fixed and permanent place of residence and undertakes to cooperate investigation.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say (Exh.4) filed by Investigation officer (I.O.) and strongly objected this application. I.O. is present alongwith police case papers.
4.Perused record and police case papers. In the present case, applicant and coaccused were arrested on 24.03.2022 and they are in judicial custody. Weapon of the offence i.e. one Koyta and muddemal property have been recovered at the instance of the accused. There is every likelihood of such types of offences may be committed by accused in future. Offence is serious and triable of Court of Sessions. There is direct involvement of applicant. The applicant may hamper or tamer prosecution witnesses or evidence and may abscond in other State. Custodial interrogation is necessary for thorough investigation. Above grounds are not just and satisfactory to release the accused on bail. Consequently, I am not inclined to exercise my discretion in favour of the applicant/accused 2. Hence, the order.
ORDER
This application stands rejected.
( S. T. Tripathi ) Date:16.04.2022. Additional Sessions Judge 7, Nashik.