Criminal Bail Application No.658 / 2022,
State – Nilkandh
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Criminal Bail Application No.658 / 2022
State – Nilkandh Darade
MHNS010025362022
Order below Exh.1
(Delivered on this 27th Day of May, 2022)
Applicant / accused No.2 Nilkandh Jagannath Darade is
seeking bail U / Sec. 439 of CrPC.
2)
Heard Learned Adv. Smt. Bina Sangale for applicant /
accused. Heard Learned APP Smt. Aparna Patil for State. IO is
called, but absent. Perused Record.
FIR :
3)
On 23.05.2022 at about 15:00 Hrs., Rahul Shankar
Bhagat, Employee of MSEB, lodged FIR with Wavi Police
Station, Nashik, contending that, applicant / accused No.2
Nilkandh alongwith his father Jagannath have abused, beaten and
manhandled the applicant and also threatened to kill him.
Accordingly, Crime No. 110 / 2022 was registered U /
Sec. 353, 504, 506 R/W Sec. 34 of Indian Penal Code.
Case of the Applicant / Accused :
4)
Applicant / accused No.2 Nilkandh contended that, on
23.05.2022, his father Jagannath had given written complaint
against the informant and his Office. Hence, to counter said
compliant, MSEB Officials lodged said false FIR. The
complainant filed copy of his complaints at Exh. 6 and Exh.7.
The applicant further contented that, he has been falsely
implicated in Crime. He is preparing for Civil Services
examination. He is ready to abide by all the conditions, imposed
by the Court. Hence, he be released on bail.
Criminal Bail Application No.658 / 2022,
State – Nilkandh
Page 2 of 2
Objections by Prosecution :
5)
The Learned APP, opposed the bail on the ground that,
investigation is in progress and accused, if released, will flee
away, or may threaten prosecution witness. Considering the
nature of the offence, the application be rejected.
Conclusion :
6)
Perusal shows that, the accused is in MCR and is not
required for investigation purpose. There appears to be counter
complaints from both sides. Considering contentions raised by
the applicant, following Order is passed.
1.
2.
ORDER
Application is allowed.
Applicant / accused no. 2 Nilkandh Jagannath Darade
be released on furnishing PR Bond of ₹. 15,000/-, with
one surety in the like amount, on following conditions :
i.
He shall attend concern police station at 11:00 AM
to 12 AM, every Saturday, till filing of the chargesheet.
ii.
Accused person shall co-operate the investigation.
iii. He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so, as dissuade
that person from disclosing such facts to the Court
or to any police officer.
iv. He shall furnish his identity proof, proof of his
current and permanent residence and mobile
number / s to the IO.
v.
He shall inform the IO / Court if he change his
address.
Nashik
Dated : 27.05.2022
Digitally signed
by VIJAY S
HINGNE
Date:
2022.05.27
16:46:01 +0530
I / c. District Judge – 11 &
Additional Sessions Judge,
Nashik.
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