CNR No.
MHNS01001479202
2
Order below Exh. 1 in, Cri. Bail Application No. 674/2022
( Mahesh Uttam Waghchaure applicant/accused Vs. State )
This is an application,for prearrest bail u/s. 438 of the
Cr.P.C. in C.R. 82 of 2022 registered with Bhadrakali Police Station,
Nashik u/s. 457,380 r/w.34 of The Indian Penal Code(IPC).
2.
The learned counsel Mr.I.F. Inamdar for the applicant
submits that, applicant is innocent person and he has been falsely
implicated. Applicant is ready to abide by any of the terms and
conditions to be imposed by this Court and he is permanent resident of
Nashik and undertakes to cooperate investigation. One of the accused
Imran Khan has been released on bail on 29.03.2022 and another
accused Wajid Wahid Chaudhari has been released on bail
on
12.05.2022, by learned Judicial Magistrate,First Class.
3.
Learned A.P.P. Mrs. Aparana Patil by filing pursis (Exh.7)
adopted say filed by I.O (Exh.6) and strongly objected this application.
I.O. is present alongwith case dairy.
4.
It is case of prosecution case is that, one of the accused
Wajid Wahid Chaudhari disclosed in the investigation that,
he
alongwith applicant and Imran Khan committed theft of muddemal
property.
5.
This application is strongly objected by learned A.P.P. on
the grounds that, investigation is incomplete, statements of the
witnesses are to be recorded,applicant may tamper or hamper
prosecution witnesses and evidence. One Criminal case i.e. C.R.II 1090
of 2021 of Sinnar Police station u/s.143,147,324,323,504,506,437 of
IPC is pending against applicant and some property is to be recovered at
the instance of the applicant.
6.
I have perused the record. Above two accused persons have
already been released on bail. Out of muddemal property of Rs.
46,000/, substantial property of Rs. 30,000/ has already been
recovered at the instance of arrested accused. Considering the nature of
the offence and above facts and circumstances of the case, custodial
interrogation is not necessary and attendance may suffice the purpose.
C.R.II 1090 of 2021 of Sinnar Police station u/s.143, 147, 324, 323,
504, 506,437 of IPC pending against applicant is not at all concerning
the offence of theft. Offence is not punishable with death or life
imprisonment conjunctively. It is triable by learned Judicial Magistrate,
First Class. Consequently, by imposing conditions, investigation can be
carried out. Thus,apprehension in the mind of applicant of being
harassed, manhandled, and arrested seems to be reasonable,warranting
prearrest protection. In the result, I pass the following order.
ORDER
1.
This application stands allowed.
2.
In the event of arrest
in C.R. 82 of 2022 registered with
Bhadrakali Police Station, Nashik u/ss. 457,380 r/w.34 of IPC, the
police Inspector of the concerned police station shall release Mahesh
Uttam Waghchaure, on bail on executing personal bond of Rs.15,000/
with one surety in the like amount,each.
3.
The applicant shall not leave India without prior permission of the
Court.
4.
The applicant shall not tamper with the prosecution witnesses.
5.
The applicant shall attend the police station on each Monday for
one month in between 11.00 a.m. to 1.00 p.m., or as and when called
by I.O. under prior written intimation.
Date :06.06.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.