IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK. ( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.1222 of 2022 CNR NO.MHNS010052922022
Nikhil Sandip Ghuge … Applicant/Accused.
V/S
State of Maharashtra Through – Wavi Police Station … Respondent/State.
Appearance : Ld. Adv. Shri. Rahul J. Kasliwal for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
I.O. Shri. S. Z. Bairagi present.
ORDER BELOW EXH. NO.1 ( Delivered on 17 th October, 2022)
1. This is an application filed under Section 438 of Criminal Procedure Code for grant of prearrest bail in C. R. No. I151/2022 registered with the respondent Wavi Police Station for an offence punishable under Sections 326, 324, 143, 147, 148, 149, 504 and 120B of the Indian Penal Code.
2.Read the application and the say filed by the respondent vide Exh.4. Heard Ld. Advocate for the applicant and Ld. A.P.P. for the State.
Perused the policepapers produced for inspection by the I.O., who is present today in the Court.
3.It is alleged by the prosecution that, the applicant alongwith other accused persons assaulted complainant by ironrod, ironangle etc., on the head and legs of the complainant and injured him.
4.The applicant has come with the case for grant of prearrest bail on the ground of false implication and completion of major part of investigation. He is ready to abide by the conditions likely to imposed by the Court.
5.Respondent filed the reply vide Exh.04 and objected on the ground of seriousness of the offence, investigation is in progress, T.I. parade is to be conducted and possibility of threatening the witness.
6.On going through the arguments advanced by the duo Advocates and going through the material on record and the policepapers, what can be gathered is that, the other accused persons came to be arrested and were enlarged on bail by the Ld. J.M.F.C. Court. The muddemal came to be seized by the Police. Police required the custody of the applicant for T.I. parade. As far as the ground about the requirement of applicant for T.I. parade is concerned, in view of Section 437 of Cr.P.C., if otherwise applicant is entitled for bail, then the ground of T.I. parade will not restrain the Court from granting the bail. The applicant is entitle for bail. By giving direction to the applicant to remain present for T.I. parade and for interrogation as regards the incident, the application can be allowed. Hence, the order.
ORDER
1.Criminal Bail Application No.1222/2022 is allowed.
2.In the event of arrest, applicant Nikhil Sandip Ghuge be released on bail on his furnishing a PB and SB of Rs.15,000/ (Rupees Fifteen Thousand Only), with one solvent surety of like amount to the satisfaction of the I.O. on following conditions :
(i) He shall attend the Wavi Police Station on Wednesday, Friday and Sunday i.e. 19th Oct., 21st Oct. and 23rd Oct. 2022 between 11.00 a.m. to 2.00 p.m. and cooperate the I.O. in investigation and for conduction of T.I. parade.
(ii) Applicant not to threaten and pressurize the complainant and witnesses.
3. Inform concerned Police Station accordingly.
4. Criminal Bail Application No.1222/2022 stands disposed off accordingly.
Digitally signed by MUSHTAQUE MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.10.19 11:58:42 +0530 Place : Nashik. (M. H. Shaikh) Date : 17/10/2022 Additional Sessions Judge, Nashik.