CRIMINAL BAIL APPLICATION NO. 636/2022
MHNS010024222022
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Namdeo Karbhari Kapadi,
Age: 70 yrs., Occ: Household
Santosh Namdeo Kapadi
Age: 39 yrs., Occ: Agri.
Alka Santosh Kapadi,
Age: 30 yrs., Occ: Household
Anand Ramchandra Barke
Age: 51 yrs., Occ: Agri.
Ganesh Anand Barke,
Age: 22 yrs., Occ: Agri.
All r/o. Deshwandi shivar
Tal. Sinnar, Dist. Nashik.

… Applicants
V/s.
The State of Maharashtra,
Through Police Inspector,
MIDC Sinnar Police Station,
… Respondent
ORDER ON EXH. NO.3
1.

The applicants have filed this application as per section 439
of Cr.P.C. for grant of bail for an offence punishable under sections 143,
147, 148, 148, 326, 324, 323, 504 and 506 of IPC.
2.

The brief facts of the present case are that :­
The informant Pandharinath Karbhari Kapadi has lodged
report against the accused on 08/05/2022 alleging that there is a long
standing dispute between him and applicant no.1 who is his brother on
account of their ancestral agricultural lands. On relevant day at about
9.00 a.m. the informant alongwith his wife and son were doing work of
the well situated in G.No. 479. The material required for the said work
was kept on the band of their land. At about 12.00 noon all accused
hand been there and started quarrel with the informant alleging that
why he has closed their way by keeping stones on the same. When the
informant was trying to explain the applicant about the same, applicant
Namdeo started assaulting him with stick whereas Anand assaulted him
by iron rod on his right hand and head. When the wife and son of the
informant tried to rescue him applicant Santosh assaulted them with
stick, whereas applicant Ganesh assaulted Kiran with iron rod and
applicant Alka assaulted his wife. In this incident informant, his wife
and son had sustained severe injuries and hence the report.
3.

The applicants by this application have contended that
there is long standing dispute between them and informant on the
count of their ancestral land. The dispute has arose between them as
the informant has blocked their way by keeping stones. In fact
informant and his family members have assaulted the applicants and so
they have lodged report against them in Sinnar police station. Whereas
only to give counter blast to the said complaint the present offence is
falsely registered against them. The applicant no.1 was not present at
the time of alleged incident. The applicant no.3 is not at all involved in
the same. The offence under Section 326 of the IPC is not made out.
They have no criminal antecedents and they are falsely involved in this
offence. So it is prayed that they be released on bail and they are ready
to abide the conditions on bail if any imposed on them.
4.

The Ld. APP and the I.O. have contested this application by
filing pursis and say vide Exh.4 and 5 respectively. They have
contended that the offence charged is serious in nature if applicants are
released on bail, they might tamper with the witnesses. So it is prayed
that application be rejected.
5.

Heard Ld. Adv. Mr.Kasliwal for the accused. He argued that
the present crime is registered only to give counter blast to the crime
registered by the applicants against the informant and his family
members. There is long standing dispute of ancestral property between
the parties due to which the incident has occurred. The offences
charged are triable by the Magistrate. He also argued that though
offence under Section 326 of IPC is registered against the applicants but
prima facie the same is not made out. He also argued that considering
the age of applicant no.1 and the fact that applicant no.2 is a woman,
the applicants released on bail.
6.

The Ld. APP Mrs. Patil on the other hand argued that the
offence charged against the applicants is serious in nature. Also
considering the fact that there is previous dispute between the parties
there is likelihood that if applicants are released on bail they might
threatened the informant and witnesses. So it is argued that
considering the gravity of offence, the application be rejected.
7.

Considered the arguments. The record shows that the
applicants are arrested on 18/05/2022. Since then they are in MCR. It
has come on record that counter cases are filed in connection with the
incident dated 08/05/2022. The present crime is registered under
Section 326 etc. of IPC. against the applicants. Whereas another crime
is registered against the informant by the present applicants.

The
weapons allegedly used in the offence are already recovered and
nothing is to be recovered from applicants.
8.

The APP has contested this application on the ground that
the applicants are likely to tamper with the witnesses. However, only
this ground the application cannot be rejected but certain conditions
can be imposed on them in that connection. Hence, considering the fact
that the crime is registered out of counter cases and as the presence of
applicants is not required for further investigation, it will be justified to
consider their request. It is also argued that the injured are discharged
from the hospital. Hence, considering the same and also considering the
fact that the offences charged against the applicants are triable by
Magistrate, no purpose will be served by keeping applicants behind the
bars. Considering the nature of the offence, I observe that by imposing
necessary conditions so that applicants will not abscond or tamper with
the witnesses, they can be released on bail. The present application thus
deserves to be allowed and I accordingly proceed to pass the following
order.
ORDER
1.

The application is allowed.

2.

The applicant nos.1 Namdeo Karbhari Kapadi, 2.Santosh namdeo
Kapadi, 3. Alka Santosh Kapadi, 4. Anand Ramchandra Barke and
5. Ganesh Anand Barke be released on bail, on their executing
personal bond of Rs.15,000/­ each along with one surety of like
amount subject to following conditions:
i.

They shall not abscond or tamper with the witnesses and
co­operate in the investigation.

ii.

They shall furnish their address proof and that of their two
near local relatives alongwith their mobile numbers.

iii.

They shall attend MIDC Sinnar Police station on every
Tuesday from 10.00 a.m. to 2.00 p.m. till filing of charge
sheet.

3.

In the event of breach of any of the conditions, their bail bonds
shall be liable to be cancelled.

4.

Bail before Ld. Judicial Magistrate, at Sinnar.
RADHIKA
MADHUKAR
SHINDE
Date:­ 30/05/2022
Nashik.

Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.05.31
11:55:30 +0530
(Smt. R.M. Shinde )
Additional Sessions Judge,
Nashik.