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Cri.B.A.No.886/22OrderEx.1.
Order below Exh.1 in Bail Application No. 886/2022
1/
Manoj Rajendra Pagar & 1
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Kalwan Police Station, Kalwan.
(Cr. No.I 133/2022)
Order below Exh.1.
1.
This application has been filed by the applicants/accused
under section 438 of Cr.P.C. for releasing them on anticipatory bail
in the event of their arrest in the aforesaid Crime registered at
Kalwan Police Station, Kalwan for the offence punishable under
section 323, 324, 504, 506 r/w. 34 of the Indian Penal Code and under
Sections 3(1)(r)(s) & 3(2)(va) of the Scheduled Caste & Schedules
Tribes (Prevention of Atrocities) Act and accordingly interim
protection was granted to applicants on 14.07.2022.
2.
Heard Mr. V.P.Pagar learned Advocate for applicant and
learned APP Smt. Jadhav and learned Advocate Mr. Donde for
informant. Perused the say filed by informant vide Exh.13. Perused
the say filed by IO and also perused the papers.
3.
It is the case of the prosecution that the applicants and
other accused have threatened and abused the informant by uttering
abusive words on caste thereby humiliated & insulted the informant.
4.
Ld. Advocate for the applicants pointed out that the report
lodged by the informant did not contain any allegations as to abusive
words uttered by the applicants.
Only allegations against the
applicants that they beat up the informant by kicks and blows. The
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Cri.B.A.No.886/22OrderEx.1.
incident allegedly took place on 09.07.2022 whereas the report came to
be lodged on 10.07.2022.
Applicants have produced copies of
documents to show previous enmity between accused No.1 and the
informant party.
There are previous complaints lodged by the
accused No.1 against the informant party.
As such, prima facie,
involvement of the applicants in alleged offence is found to be dubious
one. On these amongst ground, interim bail was granted to applicant
on 14.07.2022.
Now, informant has produced some documents to
show criminal antecedents against the applicants.
Those are the
copies of NC in the year 2011, 20132014, 2019 etc. It is not the case
of informant that applicants were convicted in the offence of same
nature. Say is filed by the investigating officer with formal objection.
It appears that applicants cooperated the investigation.
5.
As per the contention of ld. Advocate for the applicants,
they are local resident and they are ready to abide any conditions
imposed upon them.
Therefore, considering all these aspects, this
Court is of the view to confirm the interim protection granted to
applicants. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicants on
14.07.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 23.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.23
17:42:36 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.B.A.No.886/22OrderEx.1.