Pavan Sonu Shambabu Gupta Vs State of Maharashtra Nashik Sessions Court BA 817 of 2022

CNR No. MHNS010032852022
Order below Exh.1 in Cri. Bail Application No.817/2022.
( Pavan @ Sonu Shambabu Gupta Vs. State )
The present application is moved by the applicant­
accused Pavan @ Sonu Shambabu Gupta under section 439 of
Cr.P.C. in connection with CR No.9/2022 registered with Igatpuri
Police
Station,
Dist.

Nashik
for
the
offence
U/s.

302,
307,452,427,143, 147,148,323,504,506 r.w.s. 149 of the Indian
Penal Code, under section 4/25 of the Arms Act and section 37(1)
(3) r.w.s.135 of the Maharashtra Police Act.
2.

It is stated in the application that, the present
applicant­accused was arrested on 3.2.2022 and he was produced
before learned JMFC, Igatpuri and was remanded to Police custody
and after police custody he was in Magisterial custody. It is also
stated that, the charge­sheet is filed in the court bearing RCC
No.56/2022. It is further stated that, during investigation it is not
revealed that he was committed offence and therefore, closure
report is filed against him. It is also stated that he is innocent, these
and other grounds set out in the application, prayed to allow the
application.
3.

I.O. has submitted his report and requrested to pass
necessary order.
4.

Perused the record. Heard, both the parties.

5.

The
learned
counsel
for
applicant­accused
Shri.

Arshende has submitted that after investigate the matter
Investigating Officer has filed their closure report.

Therefore,
considering this fact, the applicant­accused may be enlarge on bail
on terms and condition laid down by this court.

..2..

6.

The learned APP Shri. Suryvanshi has confirmed the
fact that closure report is filed against the applicant­accused by the
investigating officer, who is present in the court and submitted that
as during the course of investigation, no role of the present
applicant­accused was made out, therefore, closure report is
submitted in the court.
7.

Thus, considering the fact that the prosecution has filed
closure report in the lower court, therefore, no purpose will be
served by keeping the accused behind the bar. The lower court will
consider the closure report on its merit, however, so far as
considering the present bail application, the applicant­accused is
required to be enlarged on bail. In the result, following order is
passed.
ORDER
1.
2.

3.
4.
5.
6.

Bail application No.817/2022 is hereby allowed.
Applicant­accused Pavan @ Sonu Shambabu Gupta in
connection with CR No.9/2022 registered with Igatpuri
Police Station, Dist. Nashik for the offence U/s.
302,307,452,427,143, 147,148,323,504,506 r.w.s. 149 of
the Indian Penal Code, under section 4/25 of the Arms Act
and section 37(1)(3) r.w.s.135 of the Maharashtra Police
Act, be released on bail on executing bond of Rs.30,000/­
with one or two sureties in like amount.
He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.
He shall co­operate the Investigating Officer, as and when
required.
Bail in lower court.
Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 26.07.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.07.26
18:33:13 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.