ANTI. BAIL APPLN.No.1115/2022 (order below Exh.1) IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK ANTICIPATORY BAIL APPLICATION NO.1115/2022
Manoj @ Manohar Arjun Davkhar, ]
Age – 28 yrs., Occu – Labour, ]
R/o. Girnare, Tal.Igatpuri, Dist.Nashik. ] Applicant/Accused
V/s.
The State of Maharashtra ]
Through– P.I. Igatpuri Police Station, ]
Dist.Nashik. ] Prosecution/Respondent
Advocate Shri.Mangesh S. Navale for the applicant / accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This is first bail application filed by the applicant under Sections 438 of Criminal Procedure Code in connection with C.R.No.9/2022 registered with Igatpuri Police Station for the offence punishable under
Section-302, 307, 452, 427, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and 37(3)(1) r/w.135 of the Mumbai Police Act and 4/25 of the Arms Act.
2. It is stated in the application that applicant/accused is student as well as agriculturist. He has no role played in offence. He has no criminal antecedents. So far as case is concerned on 28.01.2022 there was quarrel took place among John Patric Manwel etc. and Mr.Hari Bhandari etc. both r/o. Nandgaon Sado, Tal.Igatpuri, Dist.Nashik on the ground of previous business enmity regarding business at Igatpuri Railway Station. After the incident Vishal Khade had died while John Patric Manwel son of informant
treated and discharged from hospital. There is no evidence against this applicant. Charge-sheet is filed and investigation is over.
3. It is further stated that the FIR and charge-sheet nowhere reveals overt act of applicant. Allegations against the applicant is without concrete evidence.
4.The prosecution has filed say and submitted that the offence is serious in nature. Therefore, considering seriousness of offence and chance to repeat the offence prayed to reject the bail application.
5.Perused the application, say and charge-sheet.
6.I have heard Ld. Adv. Shri.M.S.Navale for the applicant. I have heard Ld.APP Shri.Kadave.
7.Adv.Shri.Navale vehemently submitted that there is no criminal history of accused. He is ready to abide any condition imposed on him. Ld. APP Shri.Kadave vehemently submitted that the said incident 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 son of first informant sustained grievous injury.
8.I have gone through the charge-sheet, FIR dated 28.1.2022 filed by informant Aasha Patric Manwel, mother of injured, Francis @ Kavu Patric Manwel. Brief facts of her complaint is that at 3.30 to 4.30 in the afternoon while she was lodging complaint at Igatpur P.S. about morning incident of
pelting stone by 10 to 15 came on motorcycle of Nandgaon Sado. She came to know that again these people came by walking and motorcycle towards her home alongwith sticks, knife and sword. Her son and friends started running when these people assaulted Rahul Ramesh Salve (deceased),
Francis @ Kavu Patric Manwel, John @ Chota Papa Patric Manwel, Vishal Hanumant Khade, Sanju @ Sonu Mastan, Mohan Raut, Faijan Shaikh and Bhushan Ahire. Hari Bhandari assaulted by knife on head, face, ribs, hands and legs on Ramesh Salve. Rahul was caught hold by Sonu Gupta (B-
Summary Report) and Mayur Mali (applicant of Bail Application No.974/2022), Bhusan Mali (absconding) and Ganesh Moule (absconding).
She further states that Sonu Gupta assaulted with knife on neck of Francis @ Kavu Patric Manwel, victim was caught hold by Mobin Shaikh (B-summary report) and Sagar Dal Bhagat (B-summary report). She further states Krushna Narayan Bhagde, Balu Gangurde, Namdeo Mhasne, Gangaram
Vitthal Bhagade (applicant no.1) Vitthal Keru Bhagde, Suraj Ramdas Bhagade (applicant no.2) assaulted on injured i.e. John @ Chota Papa Patric Manwel, Vishal Hanumant Khade, Sanju @ Sonu Mashan Mohan Raut, Faijan Shaikh and Bhushan Ahire with the help of sticks and ran away. While returning back Vitthal Keru Kokate and Kalu Punja Sadgir damaged door and windows of informant’s house. Her son was admitted at hospital and Rahul Salve succumbed to injury.
9.I have also gone through the statement of injured Francis @ Kavu Patric Manwel dated 29.1.2022 and statement of all witnesses filed alongwith charge-sheet. Statement as well as report alongwith the
charge-sheet clearly shows that the in FIR as well as statement of eye-witnesses before police the name of present applicant/accused is nowhere mentioned. The report filed by the SDPO reveals that all applicants in C.R.No.9/2022 were seen in the CCTV footage and there is recovery of weapon at the instance of absconding applicants also by the investigation agency.
10.After minute perusal of charge-sheet, I am of the considered opinion that applicant/accused played minor role in commission of offence. There is nothing on record to attribute any overt act against the applicant. It is true that the name of the applicant is mentioned in the statement under Section 164 of the Cr.P.C. with a minor role of assault by applicant. It nowhere reveals after perusal of charge-sheet that any of the witnesses is still admitted in the hospital. The charge-sheet is already filed in the Court. After perusal of the charge-sheet it reveals minor role played by the applicant/accused when compare with other co-accused who played main role. The most of the applicants/accused are young age and student and taking education, whereas other accused are agriculturist by occupation and family dependent on them. Therefore, subject to stringent condition they are entitled to release on bail.
11.Considering the over all submissions by both the parties, perusal of the charge-sheet, statement of witnesses and CCTV footage I am of the considered opinion that applicant/accused are entitled to release on bail with condition. Hence, following order is passed –
ORDER
1.Anticipatory bail Application below Exh.1 is allowed.
2.Applicant/accused Manoj @ Manohar Arjun Davkhar, shall be released on bail, in the event of his arrest by Igatpuri Police Station in C.R. No.9/2022 registered with Igatpuri Police Station for an offence punishable under Sections-302, 307, 452, 427, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and 37(3)(1) r/w. 135 of the Mumbai Police Act and 4/25 of the Arms Act on furnishing P. R. Bond of Rs.25,000/- (Rs.Twenty Five Thousand Only) with one or two solvent surety of like amount on the following conditions :
(a) He shall attend Igatpuri Police Station on First and Third Monday in between 11.00 a.m. to 2.00 p.m. for next three months.
(b) He shall not pressurize the informant prosecution witnesses and their family members and not come in contact in any way with them and also tamer them.
(c) Applicant/accused shall submit his contact number and proof in respect of permanent and temporary residence to this Court.
(d) If he breach any of the abovesaid conditions it would be a cause to cancel the bail.
3. Concerned Police station be informed accordingly.
4. The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to furnish the surety.
5. Criminal Anticipatory Bail Application stands disposed of accordingly.
Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.30 12:11:52 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 30.09.2022 Nashik.