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Cri. Bail Application No. 788 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 788 OF 2022
{Nyaneshwar @ Pintu Nagu Gaikwad and another vs. The State of
Maharashtra through Ambad Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicants-accused in crime
No. 274 of 2022 registered with Ambad Police Station for the offences
punishable under sections 302 and 304 read with 34 of the I. P. C.
02]
The applicants contended that false and fabricated case is
registered against them. They are not concerned with the offence. They
have not committed murder of Kailas Sable. Only, allegations of beating
the deceased by wooden sticks on the hands, back and legs are there.
They have not caused fatal injury. The allegations are against the wife of
the deceased. They have no criminal antecedent. Their family is
dependent on them. Nothing remained to be investigated from them.
They are ready to abide by any conditions imposed by the court. Hence,
they have prayed for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 05. They have stated that the offence is of serious nature. All
the accused with preplanning killed the deceased by wooden sticks and
stones. They have caused serious injuries to the deceased and he died.
The investigation is going on. If the accused are released on bail, they
will threat the prosecution witnesses. Hence, they have prayed for
rejection of bail.
04]
Heard the learned counsel for accused, learned APP and
learned counsel for the victim. They have argued as per their stand
taken.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers. There is strong prima-facie case against all
the accused. The accused no. 1 by means of sickle assaulted on the head
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of the deceased and then, gave him pushed and he fell down on the
road and sustained head injury. The accused nos. 2 to 4 have beaten
the accused by wooden stick on his hands and legs. As much as, 29
injuries were caused to him because of injury nos. 1 and 2 i.e. head
injury, he died. The author thereof is accused no. 1. The investigation
is in progress. The offence is of serious nature. There are eye
witnesses to the incident and also CC TV footage. The offence is
punishable with death or life imprisonment. The accused are not
entitled for bail. Hence, the following order:
ORDER
Application is rejected.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.01
13:39:54 +0530
Date : 29.06.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.