CNR No. MHNS010031202022
Order below Exh.1 in Cri. Bail Application No. 777/2022.
( Kishor Vitthal Bhagde Vs. State )
The first bail is moved by the applicant­accused Kishor
Vitthal Bhagde 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 16.2.2022 and he was produced
before learned JMFC, Igatpuri and since then 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
far as report filed by the police is concerned, it is also not
..2..

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 he is named in a statement of witness by name
Ravindra Pandharinath Bhagade recorded u/sec. 164 of Cr.P.c. and
further knife alongwith clothes were seized from the applicant­
accused 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
wooden stick was seized from the accused. One witness is identify
this accused who was present at the spot and was member of an
unlawful assembly. However, except this piece of evidence and
recovery of stick and his clothes, mobile during the course of
investigation, there is nothing to attribute to role of applicant­
accused in commission of the crime. The prosecution failed to point
Cri. Bail Application No.583/2022.
..3..

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 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.777/2022 is hereby allowed.
Applicant­accused Kishor Vitthal Bhagde 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
11:00:43 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.