Cri.Bail Appln. No.842/2022
Popat Kaluram Bhoye Vs. State.
CNR No.MHNS010034502022
ORDER BELOW EXH. 1
1.

Perused application and say. Heard ld. advocate for the
applicant and ld. APP for the State.
2.

The present application has been filed by the applicant
Popat Kaluram Bhoye under Section 439 Cr.P.C. seeking bail in
C.R.No.63/2022 registered with Abhona Police Station, Nashik for
the offences punishable under Sections 7 and 12 of the Prevention
of Corruption Act,1988
3.

The applicant has contended that he is innocent and
has been falsely implicated in this case. He was not present at the
time of the incident. The FIR shows that the applicant has not
accepted the bribe. The informant was caught illegally transporting
sand. He apprehended that his business would stop and therefore
he has falsely implicated the applicant. There is a delay of 2
months in lodging the FIR. The FIR itself shows that the applicant
has refused to accept any bribe. The remand report dated
20/05/2022 discloses that no further investigation is required from
the applicant. The applicant is a farmer and needs to cultivate his
field during the monsoon and his entire family depends upon him
for livelihood. He undertakes not to tamper with the evidence and
not pressurise the witnesses. He will abide by all the conditions
imposed by the Court. He will not abscond and will cooperate with
the investigation. He prayed that he may be released on bail.

2
4.

Cri.Bail Appln. No.842/2022
Order below Exh.1
The say of the I.O. and learned APP was called for. The
I.O. has filed his say through the learned APP. Ld. APP has adopted
the say filed by the I.O. They have opposed the bail application on the
grounds that the offence is serious, the investigation is still going on. If
released, the applicant may pressurise the informant or other
witnesses. He may commit other such offences. They prayed that the
application may be rejected.
5.

Ld. advocate for the applicant argued that this is the
applicant’s second bail application. The investigation is over. Further
detention is not required. The FIR itself discloses that the applicant
had refused to accept the bribe. Accused No.1 Radha has already been
granted bail by the Hon’ble Bombay High Court. The applicant is also
entitled to bail on the ground of parity. He prayed that the applicant
may be released on bail.
6.

Ld. APP argued that the applicant had aided the
transaction. He was trapped while accepting the amount. He had an
important role in the offence. The ground of parity is not applicable to
him. If released, he may abscond or may tamper with the evidence
and pressurise the informant or other witnesses. He submitted that the
application may be rejected.
7.

On perusal of the record it can be seen that, the allegations
against the applicant are that he had demanded illegal gratification of
Rs.5,000/­ from the informant to allow him to continue his business.

3
Cri.Bail Appln. No.842/2022
Order below Exh.1
The offence was registered on 17/05/2022. The I.O. has not specified
in his say as to what part of the investigation still remains. The other
accused, who is his superior has been released on bail by the Hon’ble
Bombay High Court with observations that the investigation is over.
The applicant would be entitled to bail on the ground of parity. It may
take some time for the charge­sheet to be filed and the trial to achieve
the finality. No purpose will be served by keeping the applicant
incarcerated indefinitely. Considering the above, I proceed to pass
following order :­
ORDER
1
The application is allowed.

2.

The applicant Popat Kaluram Bhoye be released on bail on
executing P.B. and S.B. of Rs.25,000/­ with one or two
sureties in C.R.No.63/2022 registered with Abhona Police
Station, Dist. Nashik.

3.

The applicant shall cooperate with the investigation and report
to the Investigating Officer as and when directed.

4.

He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as dissuade that person from disclosing such facts
to the Court or to any police officer.

5.

He shall not abscond and shall furnish his identity proof and
proof of his current and permanent residence.

6.

He shall inform the Court if he changes his address.

7.

He shall regularly attend the Court and shall not leave India
4
Cri.Bail Appln. No.842/2022
Order below Exh.1
without the prior permission of the Court.
8.

If the applicant commits breach of any of the above condition,
the bail granted to him shall be liable to be cancelled.
(Dictated and pronounced in open Court)
Date : 12/07/2022
Place: Nashik
(S.N.Bhalerao)
Addl. Sessions Judge,
Nashik