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Cri. Bail Appln. No.505/22
IN THE COURT OF ADDL. SESSIONS JUDGE (COURT NO.11)
NASHIK
Criminal Bail Application No.505 of 2022
Kailas Namdeo Dalvi
Age: major, Occ: Agri.
R/o. Vinchur Dalvi,
Tal. Sinnar, Dist. Nashik.
…Applicant/accused
V/s.
The State of Maharashtra
Through Police Inspector,
Sinnar Police Station.
(Cr. No.129/2022)
…Opponent
ORDER ON ANTICIPATORY BAIL APPLICATION.
1.
The applicant/accused has filed this application for grant of
anticipatory bail under section 438 of the Cr.P.C. in Crime No.129 of
2022 of Sinnar Police Station for the offence punishable under sections
307, 324, 323, 504 r.w. 34 of I.P.C.
2.
The facts in brief of the case are as under:
The informant Jayram Dalve has lodged report vide CR No.
129/2022 of Sinnar Police station against the present applicant/
accused alleging that on 30/03/2022 at about 10.00 a.m. when he was
proceeding on his bullet from Pandhurli shivar, at that time the present
applicant Kailas had parked his tanker on the road so he was not able to
proceed from the said road. So he parked his motorcycle, at that time
the present applicant abused him and assaulted him by kicks and fist
blows. At that time other accused Somnath Dalvi and his elder son
accused Aditya @ Guddu Dalvi and one other person had been there in
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Cri. Bail Appln. No.505/22
Scorpio vehicle. Accused Somnath Dalvi took one iron sickle from his
Scorpio and gave blow of the same twice on his head due which blood
started oozing from his head, with the same sickle accused Aditya
assaulted him. Whereas the present applicant brought another sickle
from the Scorpio vehicle and assaulted on his leg, calf of the leg and left
hand. Due to which he fell down on the ground, when Somnath was
trying to assault him on his neck as the present applicant put his hand
in the middle so he has sustained injuries on his palm etc. Hence, he
lodged the FIR against the present applicant and three other accused
under Section 307, 324, 323, 504 r.w. 34 of I.P.C.
3.
The applicant has contended that as the tender for
watering the road was alloted to the family of applicant, the informant
and his family members were not happy and were frequently
quarrellings with them on that count. On relevant day and time when
the applicant was watering the road, the informant Jayram had been
there on his motorcycle and he has assaulted the applicant by giving
blow of the sickle on his neck. While avoiding the said blow the
applicant has sustained bleeding injury on his left palm. When his
brother Somnath tried to rescue him the informant has also assaulted
his brother. He and his brother were hospitalized and were taking
treatment. On 01/04/2022 his statement is recorded by the police but
FIR is lodged on 02/04/2022. However, in the mean time the present
crime is registered falsely against them by the informant. He is
innocent, he has not committed any offence. There are no criminal
antecedents. The informant was the aggressor and he has assaulted
them. So he has prayed that he be released on anticipatory bail. He is
ready to abide by all the terms and conditions. He will also cooperate
in the investigation and so he has sought for grant of anticipatory bail.
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4.
Cri. Bail Appln. No.505/22
The Ld. APP and the I.O. have filed their reply vide Exh.6
and 7 and opposed the application. It is contended that investigation is
at initial stage and the injured is yet taking treatment in the hospital.
His medical certificate is yet to be obtained. The offence registered is
serious in nature and if the applicant is released on bail he might
abscond and pressurize the witnesses. His custodial interrogation is
essential for recovery of weapons, vehicle used in the offence and
clothes. So it is prayed that application be rejected.
5.
Heard argument advanced by Ld. Adv. Mr. Bhide for the
applicant and Ld. APP. Smt. Patil for the respondent/State.
6.
Ld. Adv. Mr. Bhide for applicant has argued that, as the
family members of applicant has received tender of watering the road,
the informant and his family members were frequently raising quarrels
with them. On the relevant day, the applicant was assaulted by the
informant with the help of sickle and when his brother tried to rescued
him, he was also assaulted by the informant. So he has lodged report
against the informant. However, only to give counter blast to their FIR
the present crime is falsely registered against them. There are no
criminal antecedents of the applicant and if anticipatory bail is granted
the same will not effect investigation in any manner. He is not likely to
jump the conditions of bail. Also the alleged injury caused to the
informant is on his head and the contents in the FIR does not show that
the said injury is caused by the applicant. So it is argued that he be
released on anticipatory bail.
7.
Per contra, the Ld. APP argued that, the investigation is at
initial stage. The medical certificate obtained by the I.O. from the
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Cri. Bail Appln. No.505/22
private hospital shows that informant has sustained injury on vital part
of his body i.e. head injury. However, MLC is yet to be recovered. The
offence charged is serious in nature. The recovery of weapons, clothes
and vehicle is yet to be made. Prima facie there is sufficient material on
record to show the involvement of the accused in the offence and so his
custodial interrogation is essential. So she argued that application be
rejected.
8.
In views of submissions of both the Ld. Advocates and the
documents on record it can be gathered that cross criminal complaints
are lodged in respect of the incident dated 30/03/2022. The FIR lodged
against the present applicant and three other accused is vide CR
No.129/2022 which is lodged by informant Jayram Dalvi. Whereas, the
FIR lodged by present applicant is vide CR No.130/2022 against Jayram
Dalvi.
9.
In the FIR registered vide CR No.129/2022, specific
allegations are levelled against present applicant. It is alleged that on
the relevant day and time he took deadly weapon such as sickle from
his Scorpio vehicle and has assaulted informant Jayram by inflicting
injury on his leg, calf of the leg and right hand. It has come on record
from the say of the I.O. that the injured is taking treatment and his MLC
is yet to be obtained. Whereas the certificate obtained from the private
hospital shows that injury is inflicted on the vital parts of the body of
informant i.e. on head and also on his leg.
10.
The applicant has taken defence that the informant was the
aggressor and he has assaulted the present applicant and his brother
due to which they have sustained severe injuries. To substantiate his
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Cri. Bail Appln. No.505/22
contentions he has relied on medical certificates. Admittedly the record
shows that cross complaints are lodged and the present applicant, his
brother as well as the informant are injured in the said offence.
However, at this initial stage it cannot be said that the informant was
the aggressor as contended by the applicant.
11.
The investigation is at initial stage. Moreover as per the
allegations against this applicant in the FIR, at the relevant time he was
allegedly armed with sickle. He has major role in the present crime.
Considering the gravity of allegations and the role played by him his
custodial interrogation is essential for recovery of the weapon, clothes
and
vehicle used in offence. Hence, considering the gravity of the
offence and the weapons allegedly used in the crime the custodial
interrogation of the applicant is essential. So for the aforestated reasons
I proceed to pass following order.
ORDER
Application for bail is rejected.
RADHIKA
MADHUKAR
SHINDE
Date:26/04/2022
Nashik.
Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.04.27
12:16:07 +0530
(Smt. R.M. Shinde)
Additional Sessions Judge,
(Court No.11) Nashik.