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Cri. Bail Application No. 829 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 829 OF 2022
{Mohommed Rashid Akram Sheikh vs. The State of Maharashtra
through Nashik Road Railway Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 138 of 2022 registered with Nashik Road Railway Police Station for
the offences punishable under sections 353, 332, 504 and 427 of the I. P.
C.
02]
The applicant contended that false and fabricated case is
registered against him. He is innocent. He is just 18 years old and have
good future.

Nothing remained to be investigated from him. The
prosecution story is not believable. He has no criminal antecedent.

He
is ready to abide by any conditions imposed by the court. He has prayed
for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 05. They have stated that the offence is of serious nature.
Accused is a traveler and is in the company of third gender and will not
help in investigation.

He has committed the offence against public
servant and if he is
released on bail, he will again commit similar
offence and may threat the injured and the witnesses. Hence, they have
prayed for rejection of bail.
04]
Heard the learned counsel for accused and learned APP.

They have argued as per their stand taken. The learned counsel for the
accused relied on the ratio of Chetan Kumar @ Deepu and other vs.
State of Punjab reported in 2021(4) RCR (Cri.) 279.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers and cited case law. There is prima-facie case
against the accused and he assaulted the public servant by belt on his
head. The nature of injury appears to simple and the complainant is out
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of danger. The offence is punishable up to five years of imprisonment.
The accused is just 18 years old and have no criminal antecedent. He
is traveler and remaining in the custody of third gender people cannot
be a ground to reject the bail. The apprehension of prosecution can be
taken care by imposing suitable terms and conditions. The accused is
entitled for bail on suitable terms and conditions.

Hence, the
following order:
ORDER
01]
Application is allowed.

02]
Accused namely Mohommed Rashid Akram Sheikh
be released on bail on executing personal bond of
Rs. 15,000/- with one or more surety in the
likewise amount each in crime No. 138 of 2022
registered with Nashik Road Railway Police Station
for the offences punishable under sections 353,
332, 504 and 427 of the I. P. C.

03]
The accused shall attend police station, as and
when his attendance is required by the I. O.

04]
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 him from disclosing such facts to the
court or to any police officer to tamper with the
evidence.

05]
He shall not tamper the prosecution evidence in
any manner.

06]
He shall not leave India without permission of this
court.

07]
He shall not commit similar type of offence.

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08]
He shall furnish his detailed address with proof
and his mobile numbers.

09]
Bail before concerned court of Judicial Magistrate
First Class.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.04
16:03:59
+0530
Date : 02.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.