CNR MHNS010015482022 Order below Exh.1 in Cri. Bail Application No.436/2022.

[ Kunal Sudhakar Ekhande and others Vs. State ]

The present application is moved by the applicants accused Kunal Sudhakar Ekhande and Rahul Gorakh Yelmame for bail in connection with CR No.881/2021 registered with Trimbakeshwar Police Station for the offence under section 307 r.w.s.34 of the Indian Penal Code. This is first bail application filed first time by the applicants­accused U/s. 439 of Cr.P.C.

2.It is stated in the application that alleged incident took place on 8.12.2021 and FIR lodged on the same day. Applicantsaccused were arrested on 12.12.2021 and was remanded to police custody till 15.12.2021 and since then they are in MCR. The chargesheet bearing RCC No.312/2022 is filed in the lower court.

Therefore, their detention is not required. The learned counsel for applicants­accused Shri. Avhad submitted at bar that after filing of the charge­sheet this is first bail application filed by the applicantsaccused. The injured is discharged from the hospital and therefore, considering the age of the applicants­accused i.e. they are just 21 years old and their antecedents are clean, they may be enlarged on bail.

3.Prosecution has opposed the application. I.O. is present and submitted his report.

4.Heard, both the parties. Perused the record.

5.The learned APP submitted that weapons used in the crime were recovered from the accused Kunal i.e. applicant No.1 and another accused Rahul was seen on the spot of incident at the time of incident as per CCTV footage and therefore, considering the active role, he prayed to rejected the application.

6.On perusal of the entire record, it appears that, the injured Manoj Pawar was the son in law of first informant, Chandar Tukaram Marade who was allegedly assaulted by the accused. The daughter of the first informant allegedly had illicit relationship as suspected by the injured with accused Akil Vatane and Akil Vatane was earlier working in the Lodge owned by the family of the first informant and was expelled by the injured from the job and on the background of this factual aspect accused Akil Vatane got annoyed and planned with the help of remaining accused committed murderous attack on the injured. The medical certificate shows that there are two grievous injuries on the head of the victim. He was initially admitted in Suvichar Hospital, Nashik and thereafter, Dr.Vasantrao Pawar Medical College Hospital and Research Centre, Nashik was discharged on 23.12.2021. Thus, considering the fact that charge­sheet is already filed and it will take time to commence the trial. Injured is stable and considering the age of the present applicants­accused and their antecedents are clean and particularly fact that they are local and they will not jump the bail. So far as tampering of prosecution evidence is concerned, necessary conditions can be imposed. Hence, following order.

O R D E R
i) Bail application No.436/2022 is hereby allowed.

ii) Applicants­accused No.1 Kunal Sudhakar Ekhande and No.2 Rahul Gorakh Yelmame, in connection with CR No.881/2021 registered with Trimbakeshwar Police Station for the offence under section 307 r.w.s. 34 of the Indian Penal Code, be released on bail on executing bond of Rs.30,000/­ each with one or two surety in like amount.

3.They shall not abscond or tamper with the witnesses.

4.They shall furnish their address proof aadhar card of his two near relatives alongwith mobile numbers.

5.They shall attend the court on every date and co­operate during trial.

6.In the event of breach of any of the conditions, their bail bonds shall be liable to be cancelled.

7.Bail in lower Court.

SHINDE Digitally signed by SHINDE MADHAV MADHAV A A Date: 2022.04.08 18:02:15 +0530 ( M. A. Shinde ) Date­ 08.04.2022 Additional Sessions Judge­8, Nashik.