(Exh.1) ::1:: Criminal Bail Application No.1150/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1150 OF 2022

Manoj Bipracharan Das, ]
Age-51 yrs. Occu – Service, ]
R/o.904, B-Wing, Harismruti ]
Apartment, Shri Ravi Shankar Marg, ]
Ashoka Marg, Nashik. ] .. Applicant / accused

V/s.

The State of Maharashtra ]Through– P.I. MIDC Sinnar Police ] ..Respondent/prosecution
Station

Advocate Shri.R.J.Kasliwal for the applicant/accused.

APP Shri.Kadave for the State.

ORDER BELOW EXH.1

1.This bail application is filed u/s. 438 of Cr.P.C. for the offence punishable under Sections u/s.381, 379 r/w. 34 and Section 114 of the Indian Penal Code in C.R.No.258/2022 registered with MIDC Sinnar Police
Station.

2.Facts of the prosecution case is that informant Ramdas Chintaman Bhabad is serving in Eurotas Infra Structure Company, Musalgaon MIDC, Sinnar as a guard through Security Guard Board. In between 11 p.m. of 12.9.2022 to 7 a.m. of 13.9.2022 when he was on main gate duty applicant/accused came alongwith three person in red colour car. They also come with Tata Truck No.MH-18-AA-0173 and in that truck one driver and four person were sitting. One Pickup Vehicle No.MH-05-R-7062 also came
there alongwith 6 to 7 person. As per direction of the applicant informant permit to enter that vehicles in the company. Applicant told him that, when he returned back to company from Nashik; he will again take back the vehicles. Thereafter, he heard noise of gas cutter in the company and doubt
that it is plan of theft of iron material of the company. Hence, he called to the applicant about the fact but applicant told the informant that, तुला काय करायचे का काय करायचेय करायचे करा काय करायचेय करायचेचे

आहे तु फ गा काय करायचेडय करायचेा काय करायचे भरल्य करायचेा काय करायचेनंतर कपंनीच्य करायचेा काय करायचे बा काय करायचेहेर पा काय करायचेठवून दे व त्य करायचेा काय करायचेंनी फोन बंद केला काय करायचे. He confirmed that it is form of theft. During that period due to noise of gas cutter other company guard also came there. Hence, he informed to the police about the incident. Therefore, all person ran away with the truck.

Police caught hold 5 person alongwith with the truck. When they searched they found in truck approximately 6 to 7 tonne stolen iron material total worth Rs.2 lakhs. Accordingly, complaint under Section-381, 379 r/w. 34 and Section 114 of the Indian Penal Code is registered.

3.Facts of the applicant case is that, he is doing work in the company since last 10 years as a Safety Head of the Plant. He has no criminal antecedents. Said company is in closed condition and in the
possession bank. Bank has given payment to the security guard. Security guard and local people stolen the scrap material from the company and the said fact has been informed to the bank by the applicant. On that ground the informant has falsely implicated in this case. He has no concern to the offence. As per FIR he has only role that he has given direction to the informant to permit the vehicles in company. Police has already seized the muddemal and nothing remains to seize. Therefore, police custody of the applicant is not necessary. He is ready to abide the conditions.

4.I have heard Ld. Adv.Shri.R.J.Kasliwal. He pithily submitted that all accused release on bail. Vehicle and goods were seized. He has no played any role. He work as a safety head of the company. He has not played any role in commission of an offence.

5.Heard Ld. APP Shri.Kadave, who strongly objected to release on bail and submitted that 6 to 7 security guard with the help of applicant in the capacity of safety head had committed theft in the company. Company was in possession of the bank and other security has made already complaint
against the applicant regarding theft of material. C.D.R. reveals that there was 16 times telephonic conversion between accused Toufiq and the applicant. The say filed by the police reveals that accused committed theft in the Urotas Infra Structure Company, Musalgaon MIDC, Sinnar with the help
of other co-accused. Despite of the safety head since last 10 years in the company, the possession of the company was to the bank in 2020. Bank also transferred the same charge as a safety head alongwith appointment of 6 to 7 guards and benefit of the same situation has been taken by the Manoj Das (applicant) with the help of these 6 to 7 guards. Accordingly, complaint has been lodged by Ramdas Chintaman Bhabad Guard Nashik District Suraksha Mandal. Statement given by the witnesses and the CDR of mobile alongwith mobile tower location reveals the presence of applicant at spot of incident
only. It is to be noted that mobile no.7030720720 of applicant land the mobile no.9834412591 of accused Toufiq. There was 16 calls between each other as per the SDR and CDR and therefore it reveals that he is main culprit in this case. Therefore, his custodial interrogation is required despite of
recovery to find out the nexus of the accused in this case. He shall be interrogated. Hence, order :-

ORDER

1.Application for applicant/accused no.2 is rejected.

2.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.30 12:51:55 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 30.09.2022
Nashik.