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Cri.B.A.No.1328/2022
Criminal Bail Application No.1328/2022
CNR No. MHNS010055402022
[Manoj Shamrao Patil V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­201/2022 of Bhadrakali P. S., for offences punishable under
Sections 143, 144, 147, 148, 307, 341, 149 of I.P.C., on the basis of
FIR lodged by Nilesh Sadashiv Kokane.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That he has
not committed any offence. He was not present at the alleged time
and alleged spot when the incident took place. He is arrested only
on suspicion. Personal description of the assailants is not mentioned
in FIR. If the applicant is not released on bail, it will amount to pre­
trial detention. FIR is lodged against unknown person. The
applicant is permanent resident of Nashik. He is the only bread
earner of the family. He will be available for trial. On these main
grounds and others have prayed for bail.
3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that there are no change in circumstances. The offence
is serious in nature. The applicant if released on bail, will pressurize
informant and witnesses. That applicant is having criminal
antecedent. On these main grounds and others have prayed for
rejection of bail application.

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4.

Cri.B.A.No.1328/2022
Heard Ld. Advocate Mr. Waghmare for applicant.

Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police
papers and say filed by Bhadrakali police station.
5.

On perusal of F.I.R. as well as case papers, it is apparent
that, on 11.7.2022, Nilesh Kokane [informant] was proceeding on
his motorcycle from Shivsena Bhavan. Two motorcycles came from
behind and one of them assaulted him with wooden log, other on
his left leg. One of them sprinkled ink, assaulted him with fist and
kick blows and threatened him for life.
6.

Admittedly, the name of the present applicant is not
mentioned in FIR. The report of the police reveals that the
informant identified the applicant. Now the injured Nilesh Kokane is
discharged from the hospital. The accused namely Rohan Sengar,
Sagar Dighole have been released on regular bail by this court.

7.

The criminal antecedents are with respect to the
offences under Sec.184 of MV Act, 394, 384 and 385 of IPC which
are triable by Ld. JMFC. The other co­accused are released on bail.
The applicant is permanent resident of Nashik. He shall be available
for trial. Considering the previous antecedents, certain strict
conditions are required to be imposed on the applicant. Hence,
following order is passed :
ORDER
(1). Application is allowed.
(2). The applicant Manoj Shamrao Patil be released on bail in
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Cr.No.I­201/2022
of
Cri.B.A.No.1328/2022
Bhadrakali
P.

S.,
for
offences
punishable under Sections 143, 144, 147, 148, 307, 341, 149
of I.P.C., on furnishing a PR and SB of Rs.25,000/­ with one
or more sureties of like amount on following conditions.
(a). He shall attend Bhadrakali Police Station on every Monday
between 10.00 to 11.00 a.m. till conclusion of trial.
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade
them from disclosing such facts
to the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 31/10/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.01
11:03:32 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.