MHNS010054182020
1. Navneet Mithilesh Patel
2. Angad Dattatraya Deore
3. Vaibhav Rajendra Kardak
4. Sachin Dnyaneshwar Nikam Applicants.
V/s.
State of Maharashtra through P.I.
…
Respondent
Panchvati Police Station
Order below Exh. 1 in Cri. Bail Application No.1830/2020
1.Applicants arrayed as accused in Crime No. 675/2020 registered at Panchvati Police Station for commission of offence punishable U/Sec. 353, 332, 504, 506 r/w section 34 of the Indian Penal Code moved this application for regular bail.
2.Applicants came to be arrested on 27.12.2020 and since 28.12.2020 are remanded to MCR. They were apprehended on the basis of FIR lodged by one Sunil Sajan Shinde who is working as bus driver with MSRTC. It is alleged that on 27.12.2020 at about 3.00 p.m. informant discharging his official duty in the capacity of a public servant was restrained by the applicants on the ground as to why the S.T. bus was not halted at the scheduled bus stop. It is further alleged that applicants abused and assaulted the informant with kick and fist blows. Applicants caught hold the collar of the shirt of informant and created hue and cry on public road due to which the traffic was affected.
3.It is the contention of applicants that they are innocent and have not committed any offence. They are arrested on 27.12.2020 and behind bar for more than three days. There is nothing to be investigated with the aid of custodial interrogation of the applicants. They are ready to abide by the conditions imposed for their release on bail.
4.Prosecution opposed the application on the ground that the applicants may tamper the prosecution evidence and also threaten the witnesses whose statements are to be recorded.
5.Heard Advocate Shri. Y. R. Wagh for applicant, A.P.P. Smt. Gore for State.
6. Having considered the submissions of both sides and on perusal of FIR the prime allegations against the applicants are in respect of hurling abuses to the informant and obstructing him from discharging his official duties as a bus driver. Applicants are arrested on 27.12.2020 and are behind bar since 28.12.2020. The nature of offence and severity of punishment is required to be considered while considering the application for bail. The apprehension of prosecution that the applicants may threaten the witnesses can be address by imposing certain conditions. There appears no possibility of the applicants absconding from the jurisdiction of the Court. Therefore, having regard to the nature of offence and the role attributed to the applicants, they are entitled to be released on bail. Hence, I pass the following order :
O R D E R
(i) The application is allowed.
(ii) Applicants/accused are released on bail in C.R. No. 675/2020 registered at Panchvati Police Station for commission of offence punishable U/Sec. 353, 332, 504, 506 r/w section 34 of the Indian Penal Code, on their executing P.B. and S.B. of Rs.15,000/ (Rs. Fifteen thousand only) each.
(iii) The applicants/accused shall attend the concerned police station on every Tuesday between 11.00 a.m. to 1.00 p.m. for next one month.
(iv) They shall not tamper with prosecution witnesses.
(v) Bail before concern JMFC Court.
(Dictated and pronounced in open court) Pradeep Digitally signed by Bhimrao Pradeep Bhimrao Ghuge
Date: 2021.01.02 Ghuge 14:30:32 +0530 (P. B. Ghuge) Place : Nashik. Additional Sessions Judge, Date : 01012021 Nashik.