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Cri. Bail Application No. 798 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 798 OF 2022
{Pradeep @ Bombalya Prakash Gofane vs. The State of Maharashtra
through Nashik Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 66 of 2018 registered with Nashik road Police Station for the
offences punishable under sections 353 and 323 read with 34 of the I. P.
C.
02]
The applicant contended that false and fabricated case is
registered against him. He is not concerned with the offence. The
offence is not attracted against him. The offence occurred prior to four
years. No recovery is to be made from him. His custodial interrogation is
not required. He has no criminal antecedent. His family is dependent on
him. He is ready to abide by any conditions imposed by the court. He
has prayed for grant of bail.
03]
learned APP has filed say at Ex. 05 and I. O. has also filed
say at Ex. 06. They have stated that the offence is of serious nature. Two
crimes are pending against the accused. The accused has beaten the TTE
and was absconding. Recently, he was found. If he is released on bail, he
will threat the prosecution witnesses. Hence, they have prayed for
rejection of bail.
04]
Heard the learned counsel for accused and learned APP.

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 the
accused. But, no serious injury is caused to the complainant. The offence
is also old one. Offence is not punishable more than five years of
imprisonment. Charge sheet is already filed before the learned trial
court. In the pending crime, he appears to be released on bail. He is yet
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not convicted. Looking to the same on suitable terms and conditions,
he can be released on bail. Hence, the following order:
ORDER
01]
Application is allowed.

02]
Accused namely Pradeep @ Bombalya Prakash
Gofane be released on bail on executing personal
bond of Rs. 15,000/- with one or more surety in
the likewise amount each in crime No. 66 of 2018
registered with Nashik road Police Station (RCC
No. 132 of 2018 before J. M. F. C., Railway Court,
Manmad) for the offences punishable under
sections 353 and 323 read with 34 of the I. P. C.

03]
The accused shall attend police station, as and
when his attendance is required by the I. O.

04]
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 him from disclosing such facts to the
court or to any police officer to tamper with the
evidence.

05]
He shall not tamper the prosecution evidence in
any manner.

06]
He shall not leave India without permission of this
court.

07]
He shall not commit similar type of offence.

08]
He shall furnish his detailed address with proof
and his mobile numbers.

09]
Bail before concerned court of Judicial Magistrate
First Class.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.01
13:40:34 +0530
Date : 29.06.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.