(Order below Exh.1)
B.A.No.979/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
BAIL APPLICATION NO.979 OF 2022
Maruti Ramesh Khosre
] .. Applicant/accused
V/s.
The State of Maharashtra
]
Through– P.I. Sarkarwada Police ]
Station.
]
..Respondent/prosecution
Advocate Shri.A.N.Aher for the applicant/accused.
APP Smt.Patil for the State.
ORDER BELOW EXH.1
This is second bail application filed under Section 439 of the
Criminal Procedure Code for offence punishable under Sections 385,
386 of the IPC and 43(B) and 66 of the Income Tax Act in
C.R.No.121/2022 of Sarkarwada Police Station.
2.

Facts of the prosecution case are as follows ­
That informant Sameer Sitaram Sonawane a builder by
profession lodged complaint against applicant/accused. It is stated
that the applicant was earlier attached to construction office. The
important date regarding his construction business and same
message through Ramakant Dongare with a threat to viral stolen
data to income Tax Department, E.D. and ACB in order to defame
him and thereby demanded Rs.47 lacs for not to viral the same. He
has extorted Rs.5 lacs from the informant out of Rs.47 lacs. Again he
has threatened and thereby made extortion by putting informant in
fear of death or grievous hurt.
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(Order below Exh.1)
B.A.No.979/2022
3.

The applicant has come with the case that he is falsely
implicated. There is delay of one month in filing FIR as the alleged
incident occurred on 24.6.2022 to 25.7.2022 and the complaint
lodged on 26.7.2022 without explaining cause of delay. He has
admitted that he was working with the informant as a permanent
employee. When he demanded the balance salary under pretest of
anger, he is falsely implicated by his employee. It is also submitted a
declaration form of pregnant lady that Smt.Aayodhya Maroti Thosre
is pregnant.
4.

Heard both side at length. Perused application and say.

5.

It is admitted by the Ld. APP Smt. Patil that the recovery of
Rs.5 lacs in cash alongwith the two mobile, platinum motorcycle,
lighter looking like a pistol, one 500 GB Hard­disk, three pen­drive,
thus total worth of RS.5,93,500/­ articles were seized from the
possession of this applicant/accused. It is crystal clear that the
offence is under Section 385 of the IPC, 43(B), 66 under I.T. Act,
2000 are bailable one. Whereas offence under Section 386 of the IPC
is non­bailable providing punishment upto 10 years.
6.

It is settled principle of law that jail is exception and bail is
rule. No purpose will suffice by keeping the applicant/accused
behind bar. I.O. is also ready for enlarging on bail subject to
stringent conditions. The offence under Section­43(B) and 66 of the
I.T. Act is technical one and relevant investigation has been done by
the agency. There is no propriety to keep accused behind the bar in
such circumstances. Hence, order ­
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(Order below Exh.1)
B.A.No.979/2022
ORDER
1.

Bail Application below Exh.1 is allowed.

2.

Applicant/accused be released on bail in C.R.
No.121/2022 registered with Sarkarwada Police
Station for an offence punishable under Sections­385,
386 of the Indian Penal Code and 43(B), 66 of the I.T.
Act on furnishing P. R. Bond of Rs.30,000/­ with one
surety in like amount on following conditions.
(a) He shall attend Sarkarwada P. S. on every Monday
in between 11.00 a.m. to 2.00 p.m. till filing of
charge­sheet.
(b) He shall not come in contact in any way with the
informant/injured and witnesses, nor tamper
them.
(c) Applicant/accused shall submit his contact
numbers and proof in respect of permanent and
temporary residence to this Court.
(d) He shall not repeat the same type of offence. The
breach of condition will be caused to cancel the
bail.

3.

Criminal Bail
accordingly.

Nashik.
Date : 16.08.2022
Application
stands
disposed
of
Sd/­xxx
(Dr. U.J. More)
I/c. Additional Sessions Judge
Nashik.

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