CNR No. MHNS010028802022
Order below Exh.1 in Cri. Bail Application No. 713/2022.
( Kishor Pandharinath Mali Vs. State )
The first bail is moved by the applicant­accused Amit
Chandrakant Aadole under section 439 of Cr.P.C. in connection
with CR No.9/2022 registered with Igatpuri Police Station, Dist.
Nashik for the offence U/s. 302,307,452,427,143,147,148,323,
504, 506 r.w.s. 149 of the Indian Penal Code, under section 4/25
of the Arms Act and section 37(1)(3) r.w.s.135 of the Maharashtra
Police Act.
2.

It is stated in the application that, the present
applicant­accused was arrested on 5.3.2022 and he was produced
before learned JMFC, Igatpuri and was remanded to Police custody
till 6.3.2022 initially he was granted police custody and thereafter
he is in Magisterial custody. It is also stated that, his name is also
not mentioned in the FIR and the charge­sheet is filed in the court
bearing RCC No.56/2022. It is further stated that, during
investigation it is not revealed that he had committed any offence
and no allegation is made out against him. It is also stated that he
is
innocent and not at all concerned in any of the criminal
activities mentioned in the FIR, these and other grounds set out in
the application, prayed to allow the application.
3.

Application is opposed by the State by filing report vide
Exh.5.
4.

Perused the record. Heard, both the parties.

5.

The
learned
counsel
for
applicant­accused
Shri.

Deshmukh has submitted that the name of the applicant­accused is
not mentioned in the FIR as an assailant by the first informant. So
..2..

far as report filed by the police is concerned, it is also not
specifically pointing out any role against the applicant­accused and
his antecedents are clean.

Therefore, considering this fact, the
applicant­accused may be enlarge on bail on terms and condition
laid down by this court.
6.

On the other hand, learned APP Shri. Suryawanshi has
submitted that the said incident had occurred on day time, 30 to 40
persons have collectively assaulted the son of first informant and
his friends and in the said incident one Rahul Ramesh Salve was
murdered and the son of first informant sustained serious injuries.
He further submitted that applicant­accused is identified in the
CCTV footage and one chopper was also seized from the accused
alongwith his clothes and mobile phone there is sufficient evidence
against the applicant­accused that at the relevant time and place,
applicant­accused was member of the unlawful assembly .
Therefore, prayed to reject the application.
7.

I.O. is present with case papers.

8.

On perusal of the charge­sheet, it appears that the
applicant­accused is identified in the CCTV footage and was shown
as an member or unlawful assembly.

As per police report one
chopper was seized from the accused. However, except this piece
of evidence and recovery of his clothes and mobile during the
course of investigation, there is nothing to attribute to role of
applicant­accused in commission of the crime. The prosecution
failed to point out any statement of any witness to show that the
accused had played active and vital role in commission of the
murder of the victim or causing deadly injury to the another
Cri. Bail Application No.583/2022.
..3..

survived injured witnesses. Therefore, considering the above role
played by the applicant­accused in commission of the crime and
the fact that the charge­sheet is filed, investigation is completed
and further fact that the prosecution failed to produced any
criminal record of the applicant­accused, the present bail
application needs to be allowed with certain conditions. In the
result, following order is passed.
ORDER
1.
2.

3.
4.
5.
6.

7.
8.

Bail application No.713/2022 is hereby allowed.
Applicant­accused Kishor Pandharinath Mali in connection
with CR No.9/2022 registered with Igatpuri Police Station,
Dist. Nashik for the offence U/s. 302,307,452,427,143,
147, 148,323,504,506 r.w.s. 149 of the Indian Penal Code,
under section 4/25 of the Arms Act and section 37(1)(3)
r.w.s.135 of the Maharashtra Police Act, be released on bail
on executing bond of Rs.30,000/­ with one or two sureties
in like amount.
He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.
He shall not threaten or tamper the prosecution witnesses
in any manner.
He shall attend the Court on given dates.
In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.
Bail in lower court.
Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 25.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.27
10:58:51 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.