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Cri. Bail Application No. 802 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 802 OF 2022
{Kiran Vishwas Lavate Vs. The State of Maharashtra through Upnagar
Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 144
of 2022 registered with Upnagar Police Station under sections 397,
504, 506 of the I. P. C. and 135 of the Bombay Police Act.
02]
The applicant contended that false and fabricated case is
registered against him. He is innocent and falsely involved in the
crime. He is permanent resident of Nashik and having movable and
immovable property there. Prior to lodging of complaint, there were
previous dispute between complainant and the applicant. The
investigation is almost completed. Nothing is recovered from him.
He is ready to cooperate the investigation machinery. He is ready to
abide any conditions imposed the court. Hence, he has prayed for
grant of anticipatory bail.
03]
APP filed say at Ex. 04 and I. O. filed say at Ex. 05. They
have stated that the offence is of serious nature. The present
applicant with accused Danish Shaikh and four others has committed
the offence by using weapon like iron sickle, iron rod and looted gold
chain, gold ring and cash of Rs. 10,000/- and one mobile phone. The
C. C. TV footage also shows the same. The accused is hiding himself.
The custodial interrogation of the accused is required. The muddemal
is to be recovered from him. If, he is released on bail, he will threat
the prosecution witnesses and the investigation will not be
completed. So, 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 as above.

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05]
I have gone through the application, say, arguments and
police papers. There is strong prima-facie case against the accused. The
present applicant with accused Danish Shaikh and four others has
committed the offence by using weapon like iron sickle, iron rod and
looted gold chain, gold ring and cash of Rs. 10,000/- and one mobile
phone. The C. C. TV footage also shows the same. So, there is strong
evidence
against
him.

The
investigation
interrogation of the accused is required.

just
begin.

Custodial
The offence is of serious
nature. In such circumstances, he is not entitled for anticipatory bail.
Hence, the following order:
ORDER
Application is rejected.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.01
15:00:50 +0530
Date : 29.06.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.