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Cri.B.A.No.1323/2022
Criminal Bail Application No.1323/2022
CNR No. MHNS010055522022
[Om Balugir Gosawi Vs. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­406/2022 of Panchavati P. S., for offences punishable under
Sections 307, 143, 147, 148, 149 of I.P.C. and Sec.135 of
Maharashtra Police Act on the basis of FIR lodged by Shashikant
Chintaman Joshi.

2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
name of the applicant does not feature in FIR. There are no criminal
antecedents against him. Investigation is practically completed.
Nothing has been recovered or discovered at the instance of the
applicant. He is only bread earner in his family. That he is
permanent resident of Nashik. He shall not tamper with prosecution
evidence. He is ready to abide by terms and conditions imposed by
the court. On these main grounds and others have prayed for bail.
3.

Notice was issued to State. State appeared through Ld.

APP Mr. Nikam and filed say resisting for grant of application on the
grounds that the applicant participated in the crime. Investigation is
in progress. Statements of witnesses are to be recorded. If released,
the accused will pressurize witnesses. That there are earlier counter
cases. That other two accused are yet to be arrested. That there will
no fear of law. On these main grounds and others have prayed for
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Cri.B.A.No.1323/2022
rejection of the bail application.
4.

Heard Ld. Advocate Mr.Nikhil Bagul for applicant.

Perused bail application. Heard Ld. APP Mr.Nikam. Perused police
papers and say filed by Panchavati police station.
5.

Ld.Adv. Mr.Bagul reiterated all the grounds in the bail
application. He went through FIR and contended that role assigned
to the applicant is assault by fist and kick blows. Hence, question of
recovery does not arise. Ultimately, he prayed for anticipatory bail
on certain terms and conditions.
6.

Per contra, Ld.APP Mr.Nikam reiterated all the grounds
mentioned in the say and prayed for rejection of bail application.
7.

On perusal of FIR it can be gathered that Yash Date had
called informant out of the house on the pretext that some person
has poured kerosene on himself at a place where his sister resides.
Thereafter, Sachin assaulted with fist and blows. Tejas @ Bala
Mandlik stabbed Sachin on his stomach. Shamrao Mandlik assaulted
Sachin by beer bottle on his head. Other than this, three tolas of
gold chain and amount of Rs.11,000/­ are missing. The medical
certificate discloses grievous injuries sustained to Sachin.

8.

After perusal of FIR, the name of the applicant is not
mentioned therein. Allegations of assault are not faced by the
applicant. There are no criminal antecedents against the applicant.
He is permanent resident of Nashik and will be available for trial.

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Cri.B.A.No.1323/2022
Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). The applicant Om Balugir Gosawi be released on bail in
Cr.No.I­406/2022 of Panchavati P. S., for offences punishable
under Sections 307, 143, 147, 148, 149 of I.P.C. and Sec.135
of Maharashtra Police Act on the basis of FIR lodged by
Shashikant Chintaman Joshi on furnishing a PR and SB of
Rs.25,000/­ with one or more sureties of like amount on
following conditions.
(a). He shall attend Panchavati Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 07/11/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.07
16:36:25 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.