MHNS010040622022
Order below Exh. 1 in Criminal Bail
Application No. 959/2022.
1]
This is an application preferred by accused Jitendra
Raghunath Nerpagar for bail under section 439 of Cr.P.C. in C.R. No.
I182/2022 registered in Adgaon Police Station, Nashik for the
offence punishable under sections 188, 272, 273, 328 of the IPC and
26(2)(1),3, 27(3)(e), 26(2)(iv), 30(2)(a), 27(3)(d), 59 of the Food
Safety and Standard Act.
2]
In short, the accused submit that he has been falsely
implicated in the present offence. Expect the offence u/s. 328 of IPC
all other offence are bailable. Investigation is completed. Nothing
has to be recovered. Offence u/s 328 of IPC is not attracted. He is
ready to abide by the terms and condition. Hence, prayed that
application is allowed.
3]
Investigating Officer has filed his say and opposed the
application. In short, the I.O has submitted that accused was found in
possession of pan masala and sented tobacco. If accused is released
on bail he will commit similar type of offence and illegally sale the
prohibited muddemal. Hence, prayed for rejection of the application.
4]
Heard Learned advocate for accused and Learned APP
for State. Perused the FIR, case diary and the say of investigating
officer. It is the contention of advocate for accused is that already
recovery is made. As per the FIR accused was found carrying the
prohibited articles. Offence under section 328 of IPC is not attracted
as he has not administer any stupefying or unwholesome drug with
intend to cause hurt to anybody. Investigation is completed. No
purpose will be served by keeping the accused behind bar. Hence,
prayed that bail be granted. In support of his contention he has relied
upon:
i]
Nilesh Narayan Sanghvi Vs. State of Maharashtra reported in
Criminal Application No. 442/2020.
ii]
Munjabhau Rokde Vs. The State of Maharashtra. Reported in
Anticipatory Bail Application No. 944/2020.
Perused all the citation relied by the advocate of the
accused Hon’ble Court has held that mere transportation without any
further action and on contemplation that it would be sold in the
market, brought by a person from the market and consumed by them
is to far fetched consequences of an act of administration and
causing to be taken for attracting the offence under section 328 of
IPC.
5]
On perusing the FIR it is seen that present accused was
transporting the prohibited muddemal. Recovery is already made.
Investigating officer has submitted that if accused is relased on bail
he will commit similar type of offence and threatened the witnesses.
Considering the FIR it is seen that accused was found with the
contraband articles in the vehicle. In such circumstances when
investigation of present accused is completed, no purpose will be
served to detain the accused behind the bars. Trial will take time.
Bail is rule and jail is an exception. Apprehension of the prosecution
can be taken care of by imposing stringent conditions. Hence, I
proceed to pass following order.
ORDER
1]
The application is hereby allowed.
2]
The accused Jitendra Raghunath Nerpagar involved in C.R.
No.182/2022 of Adgaon Police Station for the offence punishable
under sections 188, 272, 273, 328 of the IPC and 26(2)(1),3, 27(3)
(e), 26(2),(iv), 30(2)(a), 27(3)(d), 59 of the Food Safety and
Standard Act, be released on bail on his executing P.R. and S.B. of
Rs.25,000/ (Rupees Twenty Five Thousand Only) with one or two
sureties in the like amount.
3]
The accused shall mark his presence in Adgaon Police Station
on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing
of the chargesheet and to cooperate investigating Officer.
4]
The accused shall not tamper with the prosecution evidence or
witnesses.
5]
The accused shall not commit similar type of offence.
6]
The accused shall furnish address proof, photo identity and
mobile number of self and his two close relatives.
7]
In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
8]
Bail before trial Court.
Sd/xxx
Nashik.
Date : 06/08/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.