CNR No. MHNS010028932022
Order below Exh.1 in Cri. Bail Application No.717/2022.
( Mahadeo Devidas Bagade Vs. State )
This is a second bail application moved by the
applicant­accused Mahadeo Devidas Bagade 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,
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 15.2.2022 and he was produced
before learned JMFC, Igatpuri and was remanded to Police custody
till 18.2.2022 and since he is in Magisterial custody. It is also stated
that the name of applicant­accused is not mentioned in the FIR and
there is no whisper in the charge­sheet regarding the presence of
the applicant­accused. As well as there is no evidence against the
applicant­accused nor any weapons or article was seized from him
during investigation. Earlier bail application No.247/2022 was
rejected by this Court and now charge­sheet is filed in the court
bearing RCC No.56/2022 and therefore, there is no need to kept
the applicant­accused behind bar. Applicant­accused is serving as
Accountant on contract basis with Samrudhi Mahamarg Project.
His father is retired railway officer. His antecedents are clean and
is ready to abide the conditions laid down by this Court, these and
other grounds set out in the application, prayed to allow the
application.
3.
Exh.5.

Application is opposed by the State by filing report
..2..

4.

Perused the record. Heard, both the parties.

5.

The learned counsel for applicant­accused Shri. Vivek
Agrawal 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
specifically pointing out any role against the applicant­accused.
Therefore, considering this fact, the applicant­accused may be
enlarged on bail on terms and condition laid down by this court.
6.

On the other hand, learned APP Shri. Suryvanshi 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.
The present applicant­accused is involved in the crime. Therefore,
prayed to reject the application.
7.

I.O. is absent. As per report of the police the role of the
applicant­accused is that he was seen in a CCTV footage and his
name is mentioned by the witness in his statement under section
164 of Cr.P.C. Except this evidence there is nothing on record to
attribute any overt act against the applicant­accused. Earlier during
the course of investigation the regular bail application of the
present applicant­accused was rejected by this court, because the
investigation was in progress, but now the charge­sheet is filed in
the court and matter is awaiting for committal and on perusal of
the charge­sheet except the above piece of evidence, the
prosecution did not produce any other evidence to connect the
present applicant­accused with the death of the victim in the
Cri. Bail Application No.717/2022.
..3..

present case. He is not named in the FIR also and therefore,
considering the above circumstances, I am inclined to grant the bail
to present applicant­accused on certain conditions.

Hence,
following order is passed.
ORDER
1.
2.

3.
4.
5.
6.

7.
8.

Bail application No.717/2022 is hereby allowed.
Applicant­accused Mahado Devidas Bagade 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 13.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.13
18:22:57 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.