1 Cri. Bail Application No. 1209 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION NO. 1209 OF 2022
{Kaluram @ Kailas Gangaram Meena and another vs. The State of Maharashtra through Upnagar Police Station}
This is the bail application under section 439 of the Criminal Procedure Code, 1973 filed by the applicants-accused in crime No. 187 of 2022 registered with Upnagar Police Station for the offence punishable under section 302 read with 34 of the I. P. C.
02] The applicants contended that they are permanent resident of the address mentioned in the application and have not committed any offence Nothing is seized from them. They have no criminal antecedent and will not abscond. No offence is pending against them. Their previous bail application was rejected because investigation was not completed. Now charge sheet is filed. They are ready to abide any conditions imposed by the Court. Hence, they have prayed for grant of bail.
03] learned APP has filed say at Ex. 04 and I. O. has also filed say at Ex. 04 & 05. They have stated that the offence is of serious nature. The accused nos. 1 and 2 caught hold the brother of the complainant namely Irfan Shaikh and then, accused no. 1 slit the throat of the Irfan Shaikh and caused grievous injury to him. He was admitted at Vasantrao Pawar Medical College hospital and his wind pipe and food pipe got cut and unable to speak and is given artificial oxygen and food.
The said knife is seized from accused no. 1. The wife of accused no. 1 is witness to the incident. Later statement of injured is recorded. In the statement of the injured witness has stated about the offence committed by the accused. If the accused is released on bail , he will threat the prosecution witness. Hence, they have prayed for rejection of bail.
04] Heard the learned counsel for the accused and learned APP. They have argued as per their stand taken.
05] I have gone through application, say, arguments, documents and police papers. There is strong prima-facie case against both the accused. Both the accused caught hold Irfan Shaikh and accused no. 1 slit the throat of him and his wind pipe and food pipe got cut and he was struggling with life and was under medical treatment. His statement is recorded and he has stated against both the accused. The intention of both the accused was to kill Irfan Shaikh. There is eye witness to the incident. The offence is of serious nature and may be converted into graver offence. Even investigation is completed, still it is not a fit case to grant bail to both of them.
Hence, the following order:
O R D E R
Application is rejected.
Digitally signed by RATHI RATHI ROOPESH ROOPESH RAMSWARUP RAMSWARUP Date: 2022.10.13 10:44:16 +0530 Date : 13.10.2022 (R. R. Rathi) Additional Sessions Judge-6, Nashik.