1 MHNS010029982022
Order below Exh. 1 in Criminal Bail Application No.759/2022.

1.This is an application moved by the applicant/accused Mohammad Anwar Sayyed under section 439 of the Code of Criminal Procedure in C.R.No. I­157/2022 registered against accused at Bhadrakali Police Station for the offence punishable under sections 4/25 of the Arms Act and section 142 of the Mumbai Police Act.

2.It is submitted by the accused that he has been falsely implicated. On considering the complaint it is seen that externment order was passed against the accused from entering in the Nashik City, however, instead of registering the offence u/s. 142 of Mumbai Police Act mischievously registered the offence by contending that they were found with chopper due to which offence under section 4/25 of the Arms Act was leveled. No chopper was seized from the present accused and falsely contended that chopper has been recovered. Accused is residence of Nashik. He is ready to abide by the terms and conditions imposed on him.

Hence, prayed to allow the application.

3.Say was called of the investigating officer. He has objected this application on the count that, accused was externed from Nashik City and Rural from 01.04.2022 yet he wanders in Bhadrakali area with knife and create terror in the area. He has criminal antecedents due to his act there is fear in the mind of public. Accused was found in front of Sachin Tractor and he is likely to breach the externment order. Hence, prayed that application be rejected.

4.Heard arguments of both. It is submitted by the Advocate for accused that accused has been falsely implicated for the offence under section 4/25 of the Arms Act as the Court will release the accused for the offence punishable under section 142 of the Bombay Police Act. He is ready to abide by all the terms and conditions, hence, prayed that bail be granted.

5.Investigating Officer and Ld. APP for the state have strongly objected this application on the ground that if accused is released on bail he will commit similar type of offence and create terror in the mind of public. Hence, prayed for application be rejected.

6.On perusing the case diary recovery panchnama reflect that nothing objectionable was found from the person of the accused, however, they found one chopper in his vehicle. Case diary reflects that investigation is completed. Nothing has to be recovered or discovered from the accused. Trial will take time.

7.The offences levelled against the accused are triable by Ld. JMFC. They are not punishable with death or life imprisonment. No purpose will be served to detain the accused further. Accused is resident of Nashik his presence can be secured. Apprehension of the investigating officer can be taken care by imposing condition. Accordingly, I proceed to pass following order :­

ORDER

1.The application is allowed.

2.The applicant/accused Mohammad Anwar Sayyed involved in C.R.No.I­157/2022 registered in Bhadrakali Police Station, Nashik for the offence punishable under section 4/25 of the Arms Act and Section 142 of the Bombay Police Act, be released on bail on his executing P.R. and S.B. of Rs.15,000/­ (Rupees Fifteen Thousand Only) with one surety.

3. The accused shall not commit similar type of offence by entering the Nashik City and Rural area during the externed period.

4. The accused shall not tamper with the prosecution evidence or witnesses.

5.The accused shall furnish address proof, photo identity and mobile number of self and their two close relatives.

6.In case of breach of the conditions, the respondent is at liberty to apply for cancellation of bail.

7.Bail before Trial Court.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 18/06/2022. Additional Sessions Judge, Nashik.