CNR No.
MHNS010031242022
Order below Exh.1 in Cri. Bail Application No.781 /2022
( Prakash Bharat Kumavat Vs. State )
This
is
first application,
for bail u/s. 439 of the
Cr.P.C., after filing of chargesheet in R.C.C.No. 655 of 2022, C.R.
I81 of 2022 registered with Gangapur Police Station, Nashik u/s.
392 of The Indian Penal Code(IPC).
2.
The learned counsel Mr.S.R.Inamdar for the applicant
submits that, FIR was lodged against unknown person. Applicant
is innocent person and
has been falsely implicated. He has got
fixed and permanent place of residence and undertakes to
cooperate investigation. The offence was registered on 20.04.2022
and he has been arrested on 04.05.2022 and now he is in judicial
custody. Chargesheet bearing R.C.C. 655 of 2022 has been filed in
the Court. There is change in the circumstances. It may take much
time for its decision, till then, it is not necessary to keep the
applicant in judicial custody. Said offence is triable by Judicial
Magistrate, First Class. Applicant is not habitual offender. He is
only earning member of his family. Helmet has not been recovered
from applicant and no identification parade has been conducted.
Applicant is ready to abide by any of the terms and conditions to be
imposed by this Court.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis
(Exh.4) adopted say (Exh.3) filed by Investigation officer (I.O.) and
strongly objected this application. I.O. present alongwith police
papers and orally submitted that applicant may be released on bail.
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4.
Prosecution case is that, on 20.04.2022 applicant has
snatched Mangalsutra of informant Sau. Anita Dadaji Khairnar at
Adharva Mangal Karyalaya, near Gayatri Darshan Bunglow,
Gangapur road, Nashik and muddemal was recovered at his
instance. Investigating officer has filed list of C.R. pending against
the applicant as under.
(1) Ambad Police Station C.R.I49 of 2016
u/s.379 r/w.34 of IPC,
(2) Ambad Police Station C.R.I136 of 2016
u/s.379 r/w.34 of IPC,
(3) Mhasrul Police Station C.R.I76 of 2021
u/s.379 r/w.34 of IPC,
(4) Mhasrul Police Station C.R.I91 of 2021
u/s.379 r/w.34 of IPC,
(5) Mhasrul Police Station C.R.I66 of 2021
u/s.392 r/w.34 of IPC,
(6) Mumbai Naka Police Station C.R.I421 of 2020
u/s.379 r/w.34 of IPC, and
(7) Panchavati Police Station C.R.I183 of 2021
u/s.394 r/w.34 of IPC
5.
Ld. A.P.P. has opposed this application on the grounds
that, muddemal property has been recovered from applicant,he has
criminal antecedents,he may hamper or tamper prosecution
witnesses and evidence. There is every likelihood of such types of
offences may be committed by accused in the future.
6.
Perusal of record reveals that,chargesheet has been
filed in the present case. Thus, investigation has been completed.
Considering the alleged role played by the applicant,nature and
number of offences, no purpose would be served by keeping him
behind the bar for indefinite period. Offences alleged are not
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Cri.Bail No./2021.
punishable with death or life imprisonment conjunctively.
It is
triable of Ld. J.M.F.C. He has got fixed and permanent place of
residence. Now, there is change in the circumstances. Certain
conditions may suffice the purpose. I.O. has orally submitted his
no objection to release him on bail. Trial may take some time for
its conclusion. Pendancy of
C.R. against the applicant cannot
operate as legal hurdle to release him on bail. Consequently,
applicant deserves to be released on bail on above grounds. Hence,
the following order.
ORDER
1.
This application stands allowed.
2.
Applicant Prakash Bharat Kumavat shall be released
on bail, in R.C.C. 655 of 2022 ,C.R. I81 of 2022 registered
with Gangapur Police Station, Nashik u/s. 392 of I.P.C., on
executing personal bond of Rs.25,000/, with one surety in
the like amount.
3.
He shall not leave India without prior permission of
the Court.
4.
He shall not tamper with the prosecution witnesses.
5.
He shall furnish his proof of address of his residence
and contact numbers.
6.
Bail before Ld. J.M.F.C.
Date :24.06.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.