(Order below Exh.1) B.A.No.1171/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK BAIL APPLICATION NO.1171 OF 2022

Laxman Tukaram Aher, Age -76 yrs., ]
Occu – Nil, R/o. Bhramhanwade, Tal.Tryambakeshwar, Dist.Nashik. ] Applicant/ ] accused

V/s.

The State of Maharashtra ] Through–P.I. Tryambakeshwar Police ] Respondent/ Station) ] prosecution

Advocate Shri.R.D.Avhad for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

This is bail application u/s.438 of Criminal Procedure Code in C.R.No.176/2022 for offence punishable u/s.143, 147, 148, 149, 326, 504, 506 of the Indian Penal Code registered at Tryambakeshwar Police Station.

2.Facts of the prosecution case is that informant Prabhakar Punja Kalekar staying at Pimpri, Tal.Tryambakeshwar lodged complainant that he staying at his maternal uncle’s home and running ‘Kutti’ shop. There was some dispute took place early in the morning on 14.09.2022 between Kiran
Aher and one boy. He directed Kiran not to scuffle in front of his shop. Kiran got angry and threatened to see him. At 1 p.m. he went to his home at Bramhanwade. He informed his maternal uncle Sanjay Walu Chothave about dispute took place with Kiran. At evening he went to grocery shop at Bramhanwade. Kiran Aher was standing there with iron axe in his hand alongwith Laluman Devidas Aher, Walu Subhash Aher, Devchand Ghule, Gokul Devchand Ghule, Hari Laxman Aher, Devidas Laxman Aher, Laxman
Aher. All of them were having sickle and wooden stick in their hand. Kiran Aher abused him and assaulted with axe on his head. Laluman Aher assaulted with wooden stick on his neck and back. There was hemorrhage and he fall down. The accused also pelted stone and gave wooden stick blows on his swift vehicle. The grocery shop owner Pundlik Bharaskar intervene the scuffle and complaint lodged at Traymbakeshwar Police Station.

3.Facts of the applicant case is that, he is falsely implicated. He is old aged person. He was not present on the spot. There was dispute between the applicant and informant’s mother regarding agricultural land.

Informant’s mother sold out the agricultural land received from maternal home and she is interested to grab the land from brother. Therefore, he is falsely implicated in this case.

4.I have heard Ld. Adv.Shri.Avhad for the applicant and Ld. APP Shri.Kadave. I.O. is present.

5.It reveals after perusal of the remand report that the main culprit Kiran Aher and Laluman Aher who assaulted with axe and wooden stick respectively on the head of the informant. It also reveals the mere presence of applicant/accused at the spot of incident. As far as criminal antecedents out of four only C.R.No.558/20 for offence punishable u/s.435 is pending against the applicant/accused. Considering the age of the accused and the role played by the accused in commission of offence, I am of the
considered opinion he is entitled for pre-arrest bail. Hence, order-

ORDER

1.Bail Application below Exh.1 is allowed.

2.Applicant/accused Laxman Tukaram Aher be released on bail in C.R.No.176/2022 for offence punishable u/s.143, 147, 148, 149, 326, 504, 506 of the Indian Penal Code registered at Tryambakeshwar Police Station on furnishing P.R.Bond of Rs.15,000/- (Rs.Fifteen Thousand Only) with one or two surety in like amount on following conditions.

(a) He shall attend Tryambakeshwar Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till filing of charge-sheet.

(b) He shall not pressurize the prosecution witnesses and his family members and also come in contact in any way with them and co-operate the investigation agency.

(c) He shall not repeat the offence.

(d) If, he breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.10.01 16:17:29 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 01.10.2022
Nashik.