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Cri.B.A.No.1609/2020
Order below Exh.01 in Cri.B.A.No.1609/2020
CNR No.MHNS010044262020
(Jiubai Vasant Avhad etc.1 vs. State)
The applicants have preferred this application for
anticipatory bail praying therein that they may be released on bail
in the event of arrest in connection with CR.No.I­726/2020
registered with Wawi police station for the offence punishable under
Sec.307, 324, 323, 504, 506, 427 of IPC, on the basis of FIR lodged
by Shantaram Yamaji Avhad contending therein that when
informant and witnesses had gone to ask accused why they broken
the ancestral tractor house, the accused abused, assaulted the
informant on stomach and chest by sticks and sickle and also
assaulted the witness.
2.

Bail application is filed on the ground that the applicants
are innocent and have been falsely implicated in the case. That false
complaint is lodged. When the informant thrown the stone towards
Sandip but Sandip missed that stone and hence applicant No.2
sustained injury. Informant assaulted son of applicant No.1 by stick,
fist and kick blows and when applicant No.1 intervened, she was
also assaulted. Applicant No.1 has lodged FIR CR No.727/2020
against informant and his wife under Sec.324, 323, 336, 504, 506
r/w 34 of IPC. Informant and his son are serving in Police
Department and hence, due to their pressure, false FIR is lodged.
There is no necessity of custodial interrogation of applicants.
Nothing is to be recovery or discovered at the instance of the
applicants. There are no criminal antecedents against applicants.
That they are ready to abide by terms and conditions if any imposed
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Cri.B.A.No.1609/2020
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 the blood­stains and clothes of the accused Nos.1
and 3 are to be recovered. There is possibility of pressurizing
witnesses as well as dispute in respect of share in ancestral property.
Offence is serious one. On these main grounds and others have
prayed for bail.

4.

Heard Ld. Advocate Mr.Avhad for applicants. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Wawi police station.

5.

On perusal of FIR as well as case papers, it is apparent
that both the informant and the accused­applicants are having
common boundary and they are relatives of each other. The FIR
specifically states about assault on chest and stomach of Shantaram
Avhad and Kusum being assaulted on right hand by Sandip Avhad.
The role assigned to both the applicants is only of abuses. They are
not facing allegations of assault. Nothing is to be recovered or
discovered at their instance. On perusal of the medical certificate of
Shantaram and Kusum, the injuries sustained to them are simple in
nature. Though it is settled principle that for the offence under
Sec.307 of IPC, nature of injury is immaterial. What counts is the
intention of the accused persons. In the present case, as observed,
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Cri.B.A.No.1609/2020
the assault is attributed to Sandip. Both the applicants are ladies.
Their custody is not required. Hence, I proceed to pass following
order :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant No.1 Jiubai Vasant
Avhad and applicant No.2 Sau.Shobha Sandip Avhad in connection
with in connection with CR.No.I­726/2020 registered with Wawi
police station for the offence punishable under Sec.307, 324, 323,
504, 506, 427 of IPC, on the basis of FIR lodged by Shantaram
Yamaji Avhad, the above named applicants be released on bail, on
furnishing a PR and SB of Rs.25,000/­ ( Rupees Twenty five
Thousand only)each, with one or two solvent sureties of like
amount on following conditions.
(a). They shall attend concern Police Station on every Monday
between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). They 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.
(c). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.

Nashik.
Date : 05.12.2020
Vardhan
Prataprao
Desai
Digitally signed by
Vardhan Prataprao
Desai
Date: 2020.12.05
15:37:37 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.