Criminal Bail Application No.463 of 2022 (Or. Exh.1) IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK.
( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.463 of 2022
CNR No. MHNS010017002022
Kailas Lahanu Palde
Age : 51 years, Occ : Agriculture R/o : Palde Mala, Vadner Dumala,
Rej Road, Tal. & Dist. Nashik. .. Applicant/Accused
V/S
State of Maharashtra Through – PI, Upnagar Police Station (C.R. No.I30/2022) .. Respondent/State Appearance :
Ld. Adv. Shri. Rahul J. Kasliwal for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
ORDER BELOW EXH. No.1
(Delivered on 18 th April, 2022)
1.This is an application filed under Section 439 of Criminal Procedure Code for grant of regular bail in C. R. No.I30/2022 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147 & 149 R/W 34 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act.
2.Perusal of the F.I.R. reflects that an incident occurred on 09.02.2022 at 08.30 p.m. at the place of one Kokne, where there was a Haldi programme. At the relevant time, it seems that the applicants have parked their motorcycle in front of the house of the complainant and therefore some quarrel took place and therefore the applicants and other accused persons assaulted the complainant and his wife by means of knife and ironrod and thereby caused grievous hurt to the complainant i.e. his small finger was fracture. The matter came to be reported to the Police and the Crime came to be registered.
3.It is the case of the applicant that, he is falsely implicated in this case. He was present on the spot and the complainant assaulted him and others by stone and they countered it in self defence.
Investigation is over. Recovery is made. Statements came to be recorded. Chargesheet is filed. Role of this applicant is that, he has assaulted by fist blows. Applicant is ready to abide by the terms and conditions. Therefore, prayed to allow the application.
4.Respondent filed their say vide Exh.5 and strongly objected by saying that the offence alleged is serious in nature. Applicant has assaulted the wife of the complainant on her head and also assaulted the complainant on his right hand small finger. There is possibility that the applicant may pressurized and threatened the complainant and witnesses. Therefore, prayed to reject the application.
5.Heard Ld. Advocate for the applicant and Ld. A.P.P. for the State.
6.Upon hearing and going through the material placed on record, what can be gathered is that quarrel took place between both the parties. Counter case came to be filed on the side of the applicant against the complainant and his wife. Investigation is over. Chargesheet is filed before the Ld. J.M.F.C. No purpose will be served in keeping the applicant behind the bar for an indefinite period, when he is entitle for bail. As far as, apprehension of the respondent is concerned, that can be taken care by imposing certain conditions. In the result, the following order :
O R D E R
1.Criminal Bail Application No.463 of 2022 is allowed.
2.Applicant Kailas Lahanu Palde 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 concerned Ld. J.M.F.C. in connection with C. R. No.I30/2022 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147 & 149 R/W 34 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act.
3.Applicant not to threaten and pressurize the complainant and the witnesses.
4.Applicant not to commit similar offence in future.
5.Applicant to attend the trial regularly, unless exempted by the Ld. Trial Court.
6.In the above terms, the application stands dispose off accordingly.
Digitally signed by MUSHTAQUE MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.04.18 17:49:38 +0530 Place : Nashik. (M. H. Shaikh) Date : 18/04/2022 Additional Sessions Judge, Nashik.