MHNS010049122022 Order below Exh.1 in Criminal Bail Application No. 1142/2022.

1] This is an application preferred by accused Kiran Gautam Dhole for bail under section 439 of Cr.P.C. in C.R. No. I­186/2022 registered in Gangapur Police Station, Nashik for the offence punishable under section 379 of the Indian Penal Code.

2] In short, it is contended by the accused that he has been falsely implicated. FIR has been given against unknown person on suspicion. Nothing recovery or discovery at the instance of accused. There are no eye witnesses so there is no question of threatening them. Accused is permanent resident of the address. He is ready to abide by the terms and conditions. Hence, prayed that application is allowed.

3] Investigating Officer has filed his say and opposed the application on the count that involvement of the accused is seen in the offence. Muddemal is recovered from the possession of accused along with two other stolen mobile. Accused has not given any information from where he has stolen those mobile. If accused is released on bail he will commit similar type of offence Accused is resident of Parbhani and he resides in Nashik by changing rooms, hence, there is possibility of accused absconding. Hence, prayed that application be rejected.

3] Heard Learned advocate for accused and Learned APP for State. Perused the FIR it is seen that one unknown customer came to his shop and gave order. at that time he told that he does not have recharge and wanted to make a call. He returned the mobile, however, he was busy in his work and then his mobile was not found. He searched for it however the said customer as well as the mobile was not found, hence, he lodged the report. It is seen from the police papers not only mobile of the
complainant but two other mobiles are recovered from the accused. As on date there is no complaint with respect to the same. Already recovery has been made in the present offence. Nothing remains to be investigated.

Trial will take time. Apprehension of the I.O. that accused will not remain present for the trial as he keeps changing address at Nashik and he is resident of Parbhani. However, the apprehension of the I.O. can be taken care by imposing stringent conditions. Hence, I proceed to pass following order.

ORDER
1] The application is hereby allowed.

2] The accused Kiran Gautam Dhole involved in C.R. No.I­186/2022 of Gangapur Police Station for the offence punishable under section 379 of the Indian Penal Code, be released on bail on his executing P.R. and S.B. of Rs.30000/­ (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

3] The accused shall mark his presence in Gangapur Police Station on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing of the charge­sheet and to co­operate investigating Officer.

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

5] The accused shall not commit similar type of offence.

6] The accused shall furnish address proof, photo identity and mobile number of self and his two close relatives. In case of change of address he shall inform the I.O. about the same.

7] Accused shall also furnish his permanent address.

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

9] Bail before trial Court.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 19/09/2022. Additional Sessions Judge, Nashik.