Cri Bail Appln. No.1335 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1335 of 2022
CNR NO.MHNS010055722022
Kacharu Mahadu Dive
Age : 65 years, Occu.: Nil
R/o : At­Sapgaon,
Tal. Trimbakeshwar, Dist. Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Trimbakeshwar Police Station
Dist. Nashik (C.R. No.I­200 of 2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. Sameer Inamdar for Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Ld. Adv. Shri. Shivram M. Thakare for Intervenor/Complainant.
Shri. C. S. Jadhav, P.S.I., Trimbakeshwar Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 23rd November, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in connection with C.R. No.I­
200/2022 registered with the respondent Trimbakeshwar Police Station for
an offence punishable under Section 307, 143, 147, 148, 149, 324, 323, 504
and 506 r/w 34 of the Indian Penal Code.

Cri Bail Appln. No.1335 of 2022 (Or. Exh.1)
2
2.

Read the application and the say filed by the respondent vide
Exh.7. Gone through the written submission filed by Ld. Advocate for
Intervenor/Complainant at Exh.8. Heard Ld. Advocate for applicant, Ld.
A.P.P. for the State, Ld. Advocate for Intervenor/Complainant and the I.O.
Perused the police­papers produced for inspection by the I.O.
3.

It is the case of the prosecution that, on 22.10.2022 at about
12.30 p.m., accused Kalu Dive abused the mother and the sister­in­law of
the complainant in front of the villagers. This fact was said to the
complainant by his mother. On 23.10.2022, the complainant went to the
place of the applicant and other accused persons and asked them as to why
accused Kalu Dive abused his mother and his sister­in­law. On this, the
applicant and the other accused persons got annoyed. Applicant and other
accused persons hold the complainant and accused Dnyaneshwar Dive
assaulted the complainant in his stomach by a knife. Applicant and other
accused persons abused and beat the complainant by fists and leg blows.
Matter came to be reported to the Police.
4.

It is the case of the applicant that, he is falsely implicated.

Nothing is to be recovered or discovered at his instance. Custodial
interrogation of the applicant is not necessary. Applicant is more than 65
years of age. Complainant, applicant and other accused persons are relatives
of each other and a Civil dispute is going on between them as regards the
agricultural field. Ready to abide by the terms and conditions likely to be
impose by the Court. Therefore, prayed to allow the application.
5.

The grounds of objection are that, offence alleged is serious in
nature. Investigation is in progress. Custodial interrogation of applicant is
necessary as stone used in the crime is to be recovered. There is likelihood
Cri Bail Appln. No.1335 of 2022 (Or. Exh.1)
3
that, the applicant may threaten and pressurize the complainant and the
witnesses and tamper with the evidence. Therefore, prayed to reject the
application.
6.

By way of written submissions, the intervenor/complainant
objected for grant of pre­arrest bail on the ground that, the applicant is
threatening and pressurizing the complainant to take back the case.
7.

Upon hearing and going through the material placed on
record, what can be gathered is that, the first incident occurred on
22.10.2022, when accused Kalu Dive abused the mother and the sister­in­
law of the complainant in front of the villagers. The second incident
occurred on 23.10.2022, when it is alleged that, applicant and accused
persons assaulted, abused and threatened the complainant. In all there are
five accused persons. Out of them, four are arrested by the Police. The knife
used in the crime came to be seized by the Police. Investigation is at the
verge of completion. There is a Civil dispute between the parties as regards
agricultural field. Complainant is discharged from the Hospital. There is no
chance of addition of any aggravated section of I.P.C. Applicant is a senior
citizen. The apprehension of the respondent can be taken care by imposing
certain conditions. Custodial interrogation of the applicant is not necessary.
In the result, the application succeeds. Hence, the order.
ORDER
1.

Criminal Bail Application No.1335 of 2022 is allowed.

2.

In the event of arrest, Applicant Kacharu Mahadu Dive be released
on bail on his executing a personal bond of Rs.15,000/­ with solvent
surety in like amount to the satisfaction of the I.O in connection
with C.R. No.I­200/2022 registered with the respondent
Trimbakeshwar Police Station for an offence punishable under
Cri Bail Appln. No.1335 of 2022 (Or. Exh.1)
4
Sections 307, 143, 147, 148, 149, 324, 323, 504 and 506 r/w 34 of
the Indian Penal Code.
3.

Applicant to remain present before the I.O. at the respondent Police
Station on 25.10.2022 between 11.00 a.m. to 01.00 p.m. and co­
operate the I.O. in the investigation.

4.

Applicant not to threaten and pressurize the complainant and the
witnesses.

5.

Applicant not to tamper with the prosecution evidence.

6.

Applicant not to repeat the similar offence in future.

7.

In the above terms, Criminal Bail Application No.1335 of 2022 is
disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 23/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.23
15:13:05 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.