..1.. Cri. Bail Appln. No.1129/22 IN THE COURT OF ADDL. SESSIONS JUDGE (COURT NO.11) NASHIK
Criminal Bail Application No.1129 of 2022
Kailas Namdeo Dalvi
Age: 44 yrs., Occ: Agri/milk business 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 BAIL APPLICATION.
1.The applicant/accused has filed this application for grant of bail under section 439 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 two accused had been there in Scorpio vehicle and assaulted informant with iron sickle. Whereas the present applicant also assaulted him with sickle on his leg and hand. 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/accused has filed this bail application on the ground that he is falsely implicated in this offence. On the relevant day and time when the applicant was watering the road, the informant Jayaram had been there on his motorcycle and he has assaulted the applicant/accused. When his brother Somnath tried to rescue him the informant has also assaulted his brother. So on 02/04/2022 he has lodged the FIR. 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, he is only earning member of their family and they all are dependent on him. So he has prayed that he be released on 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 bail.
4.The Ld. APP and the I.O. have filed their reply vide Exh.4 and 5 and opposed the application. The offence registered is serious in nature and if the applicant is released on bail he might abscond and pressurize the witnesses. So it is prayed that application be rejected.
5.Heard Ld. Adv. Mr. Gurule for applicant he argued that, the present crime is arising out of cross complaints. The informant who is accused in the crime registered by him is not yet arrested by the police.
Whereas, he is arrested and he is in jail since long. The dispute has arose out of one tender and he is falsely implicated in the offence. So it is argued that considering the fact that the injured informant is
discharged from the hospital and there is no recovery from this applicant/accused, he be released on bail.
6.Per contra, the Ld. APP argued that, the investigation is at initial stage. The medical certificate shows that informant has sustained injury on vital part of his body i.e. head injury and other injuries. The offence charged is serious in nature. So if the accused is released on bail he is likely to pressurize the witnesses. So she argued that application be rejected.
7.The applicant has sought bail on the ground that he is falsely involved and the crime is arising out of cross complaints.
Considered the contention, the record shows that in respect of the alleged incident dated 30/03/2022 two cross complaints are registered.
The present crime is registered vide CR No.129/2022 and the present applicant has lodged report against the informant vide CR.No.130/2022. So the fact that has prima facie come on record from the cross complaints is that the presence of the present applicant/accused at the time of the alleged incident on the spot is not disputed. The fact that who was the aggressor etc. can be considered during the fullfledge trial and at this stage it is not essential to consider the same. Whereas, the presence of the applicant on the spot is prima facie sufficient to show his involvement in the offence.
8.In the report there are specific allegations against the present applicant to prima facie show that he has assaulted the informant with sickle alongwith the other coaccused. The medical certificate of the injured informant shows that he has sustained severe vital injuries on his head, leg, chest, back etc.
9.In the FIR there is direct evidence against the applicant. So prima facie at this stage, there is enough evidence which connects the applicant with the present crime. There is prima facie sufficient material on record to show the involvement of the applicant in this offence. So considering the same and as the offence is serious in nature, it will not be justified to release the applicant on bail. Moreover considering the fact thats there are cross complaints arising out of one incident, the apprehension of prosecution regarding pressurizing of the witnesses cannot be ruled out. The investigation is also at initial stage. So for the aforestated reason I proceed to pass the following order.
ORDER
Application for bail is rejected.
Digitally signed RADHIKA by RADHIKA MADHUKAR MADHUKAR SHINDE SHINDE Date: 2022.10.04
11:11:59 +0530 Date: 03/10/2022 (Smt. R.M. Shinde) Nashik. Additional Sessions Judge, Nashik.