CNR No.

MHNS01002407202
2
Order below Exh. 1 in, Cri. Bail Application No. 627/2022
( Nirank Nago Narote ­applicant/accused Vs. State )
This is an application,for pre­arrest bail u/s. 438 of the
Cr.P.C. in C.R. I ­105 of 2022 registered with Bhadrakali Police Station,
Nashik u/s. 326,323,504,506 r/w.34 of The Indian Penal Code(IPC).
2.

The learned counsel Mr.I.F. Inamdar for the applicant
submits that, applicant is innocent person and he has been falsely
implicated in non­bailable offence. He is labour. He is ready to abide by
any of the terms and conditions to be imposed by this Court . He is
permanent resident of Nashik and undertakes to cooperate investigation.
3.

Learned A.P.P. Mrs. Aparana Patil, by filing pursis (Exh.7)
adopted say filed by I.O (Exh.6) and strongly objected this application.
I.O. is present alongwith police case papers.
4.

Perused record. It is case of
prosecution
that, while
informant Nawaj Shahabuddin Shaikh was sitting in the open place
behind Nanavali Dara, applicant alongwith other accused came there
and they struck him by means of wooden log on his head and by Sharpe
weapon on his back and left hand. Accused Hamjya and applicant also
struck him by fist and kick blows, abused and thereby caused him
grievous injuries.
5.

Learned Advocate for the applicant submits that,other
accused have been released on
regular bail by learned Judicial
Magistrate on 29.04.2022. Section 326 of IPC which is non­bailable
offence has been added later on. He has been falsely implicated, hence
he apprehends that, he will be illegally arrested and ill­treated.

6.

It is relevant to mention that, as per Sec. 438 of Cr.P.C., when any
person has reason to believe that he may be arrested on an accusation of
having committed non­bailable offence, he may apply to the High Court
or to the Court of Sessions for direction under this section that, in the
event of such arrest he shall be released on bail. Perusal of extract of
Medico Legal Case Register of Civil Hospital, Nashik vide MLC No. 3843
dated 24.04.2022 reveals that all three injuries caused to the informant
are simple in nature. Thus, all the alleged offences are
bailable in
nature. Consequently, this application is not maintainable, as pre­arrest
protection cannot be granted in bailable offences. Hence, the order.
ORDER
This application stands rejected.

Date : 08.06. 2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.