Karbhari Bhila Yadav Vs State of Maharashtra Nashik Sessions Court BA 746 of 2022

MHNS010029652022
Order below Exh. 1 in Criminal Bail
Application No. 746/2022.
1.

This is an application preferred by applicant Karbhari Bhila
Yadav for bail under section 439 of the Code of Criminal Procedure in
C.R.No.214/2022 registered in Panchvati Police Station, Nashik for the
offence punishable under section 7 of the Prevention of Corruption Act.
2.

In short, the accused submit that he is innocent. He is falsely
implicated, vague allegations are made against him. Complainant himself
committed offence and avoiding to appear before the Court and to avoid
legal action, false complaint has been filed against him. Accused obliquely
obeyed his duty. So he is entitled to released on bail. Investigation is
completed.

All witnesses are government servant, hence, there is no
possibility to threatening the witnesses. He is ready to abide by all the
terms and conditions. Hence, prayed that the present application be
allowed.
3.

Say was called of Investigating Officer he has objected this
application on the count that statement of the eye witnesses are yet to be
recorded. In present of the accused information about the service record
of the accused is pending. If accused is released on bail he will threaten
the complainant, hence, prayed that, application be rejected.
4.

Heard Learned Advocate for the accused and Learned APP for
the State. Perused the case papers. Practically investigation is completed.
Nothing remains to be recovered or discovered from the accused. Offence
levelled against the accused is punishable up to 7 years of imprisonment.

Trial will take time. Accused is not likely to flee away as he is resident of
Nashik. Apprehension of the prosecution that accused will tamper and
hamper the prosecution witnesses can be taken care of by imposing
stringent conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Karbhari Bhila Yadav involved in
C.R.No.214/2022 registered in Panchvati Police Station, Nashik for
the offence punishable under section 7 of the Prevention of
Corruption Act, be released on bail on his executing P.R. and S.B.
of Rs.15,000/­ (Rupees Fifteen Thousand Only) with one
surety of like amount.

3.

The accused shall mark his presence in Anti Corruption Bureau,
Nashik on every Monday from 11.00 a.m. to 1.00 p.m. till filing of
the charge­sheet.

4.

The accused shall not tamper with the prosecution evidence or
witnesses.

5.

The accused shall furnish address proof, photo identity
and mobile number of self and their two close relatives.

6.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

Nashik.
Date : 15/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.