CNR
MHNS010042432022
Order below Exh.1 in Cri. Bail Application No.987/2022.
{ Nandu Raghunath Roundal and anr. Vs. State }
This is application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.

The present application is moved by the applicants­
accused Nandu Raghunath Roundal and Dadaji Raghunath Roundal
praying to release them on bail in connection with the CR
No.121/2022 registered with Kalwan Police Station under section
353, 309, 186, 504,506 r/w sec. 34 of the Indian Penal Code.
3.

It is stated in the application that, the applicants are
arrested on 24.6.2022 and are produced on 25.6.2022 before the
learned Magistrate and since then they are in judicial custody. It is
also stated in the application that, the applicants­accused are Karta of
their family and they have given undertaking that they will co­operate
the police and will not tamper the prosecution evidence and will abide
by the conditions that may laid down by this court.
4.

I.O. is present opposed the application by filing say at
Exh.5 and stated that the applicants­accused are already facing
multiple criminal proceeding, vide CR No.68/2022 registered against
them on 28.4.2022 for the offence punishable U/s. 143, 147, 148,
341,352,504,506 IPC and CR No.70/2022 for the offence punishable
U/s. 353, 332, 186, 427, 504,506 of IPC registered on 1.5.2022 and
N.C. bearing No.434/2020, 210/ 2021, 512/2020, 218/2020
registered under section 323, 504,506 IPC on 20.9.2020, 26.4.2021,
23.9.2021 and 1.5.2022. The proceeding under section 107 of Cr.P.C.
was also initiated against them. The necessary bond for keeping peace
and tranquility also got executed, however, they have not changed
..2..

their behaviour. They are of arrogant nature. The investigation is
completed and charge­sheet filed in the learned JMFC, Kalwan vide
O.No.2038/2022 on 18.8.2022. The accused may create law and
order situation, if they are released on bail.
5.

Heard, learned APP Shri. Suryvanshi and learned
counsel for applicant­accused Shri. L.R. Nikam.
6.

Perused the record. It appears that applicants­accused
are habitual in committing the offence as mentioned above. In CR
No.70/2022 they were released on bail by this Court and even
though they have committed such type of offence again. Applicant­
accused No.1 had also attempted to commit suicide and threatened
to the police and other party and created violence in the area.
Particularly that when these accused were released on bail by this
Court in connection with CR No.70/2022 for the offence punishable
under section 353, 332, 186,427,504,506 r/w sec. 34 of the IPC in
Cri. Bail Appln. No.639/2022 dated 25.5.2022, they have allegedly
committed similar type of offence in respect of the said land
dispute. Earlier bail application No.888/2022 was rejected on the
ground that investigation was in progress. I.O. has admitted that
charge­sheet is filed in the Court bearing RCC No.150/2022. It will
take time to commit the same. Admittedly, the applicants­accused
are in jail near about 60 days and therefore, no purpose will be
served by keeping them behind the bar.

Considering all these
situation, I am inclined to allow the present bail application.
Hence, following order is passed.
ORDER
1)
Application is hereby allowed.

2)
Applicants­accused Nandu Raghunath Roundal and Dadaji
Cri. Bail Application No.987/2022.
..3..

Raghunath
Roundal
in
connection
with
the
CR
No.121/2022 registered with Kalwan Police Station under
section 353, 309, 186, 504,506 r/w sec. 34 of the Indian
Penal Code, be released on bail, on executing personal bond
of Rs.30,000/­ each with one or two sureties in like
amount.
3)
They shall attend Court on every date for committal of the
case.

4)
They shall not commit such type of offence again.

5)
Bail in Lower court.

6)
Inform all the concerned accordingly.

SHINDE
MADHAV
A
Date: 22.08.2022
Digitally signed by
SHINDE MADHAV
A
Date: 2022.08.22
17:41:30 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.