(Order below Exh.1) B.A.No.1202/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK BAIL APPLICATION NO.1202 OF 2022

Pramod Hansraj Jaiswal ] .. Applicant/accused no.7

V/s.

The State of Maharashtra ] Through– P.I. Igatpuri Police ] Station (C.R.No.51/2022) ] ..Respondent/prosecution

Advocate Shri.J.N.Shinde for the applicant/accused.

APP Shri.R.L.Nikam for the State.

ORDER BELOW EXH.1

This is first bail application filed under Section 439 of Criminal Processor Code in CR No.51/2022 for offence punishable under Sections 302, 504, 109, 114 r/w. 34 of the Indian Penal Code registered with Igatpuri police station.

2.Facts of the prosecution is that informant Mr.Rohidas Chandrakant Thavale, age 32 years, staying at Dak-bungalow, near Hotel Ambassador, Igatpuri, District Nashik lodged complaint that on 22.05.2022 he came to know from Aniket Ahire and Nitin Tokade; when they came on motorcycle to his company as his brother Vishal Chandrakant Thavale is admitted at hospital. When he came at Igatpuri government hospital alongwith his sister, sister-in-law and mother. He found his brother lying on bed. He has seen injury marks with sharp weapon on left side of his neck and blood oozing from the injury and found dried blood stains. In inquiry with his mother, sister and sister-in-law; he found that deceased Vishal Chandrakant Thavale went for bath at Igatpuri railway lake. At about 5.00 o’clock Aayush and Yash came to home and informed that at about 4.30 o’clock after taking bath in a railway lake while they were standing near water two girls were playing in water and the water splashed on their clothes. Therefore, deceased Vishal warn them,

Therefore, two boys sitting there at lake got angry and started abusing to deceased. Out of two; one person assaulted with knife on left side of Vishal’s neck, therefore he sustained injury and blood started oozing. Immediately Yash and Ayush came to deceased home and informed three ladies i.e. deceased mother, wife and sister and therefore they went on the spot and found Vishal was lying on railway station lake in unconscious condition and blood was oozing from his injury. He was admitted to the hospital but he succumbed to injury. Accordingly, the prosecution has arrested over all eight accused including this applicant/accused no.7 under Sections 302, 504, 109, 114 r/w. 34 of the Indian Penal Code.

3.The facts of the prosecution case in short that he has not committed any offence as alleged by the prosecution. Without justifiable reason Igatpur Police has arrested the applicant only on suspicious ground and suppressed the material facts. He is falsely implicated in this offence. No role appear in the FIR of the present applicant. Investigation has been completed and charge sheet has also been filed in Trial Court. There is delay in filing the FIR. He is permanent resident of Igatpuri. He has no criminal antecedent. There is no possibility of his absconding. He will not tamper the prosecution witnesses. If he released on bail he is ready to co-operate the investigating machinery and abide all condition imposed by the Hon’ble Court. He is languishing in jail since last five months. He is not habitual offender. Hence, prayed for enlargement on bail.

4.I have heard Ld. Adv. Shri.J.N.Shinde for the applicant, who pithily submitted that charge-sheet is filed on 30.8.2022. He is absent on the spot of incident. The main accused is absconding. He is
in jail since last five months. He is ready to abide all terms and conditions imposed by the Hon’ble Court if he released on bail.

5.Per contra, Ld.APP Shri.R.L.Nikam vehemently submitted that the accused no.7 (applicant) has played also major role by abetting an offence of murder. There was common intention while doing conspiracy of a murder as accused played important role of threatening to accused no.3 and 4 not to disclose about the commission of offence. Therefore, he may not be released on bail.

6.Heard both side. Perused application and say filed by the concern police official of Igatpuri Police Station.

7.After hearing both side I have framed following points for my determination and answered with its findings as follow :

POINTS FINDINGS

1 Whether applicant is entitled for enlargement of bail under Section 439 .. Yes
of the Cr.P.C. ?

2 What order ? .. Bail application is allowed.

R E A S O N S

AS TO POINT NO.1 :-

8.The fact of First Information Report transpires that the offence of murder took place on trifle ground due to only the question posed by deceased Vishal that they should not allow to water splash on their clothes which were lying their at railway lake. Immediately, accused no.1 ran towards him, stabbed him with knife on his neck with the help of other accused. Within spur of the moment the victim Vishal succumbed to injury at government hospital, Igatpuri. It is serious nature of offence. The remand report
and say filed by the prosecution transpires that the accused no.1 is a leader of Gang by name “David Gang” at Igatpuri Railway Station.

The investigating officer, senior police inspector of Igatpuri Police Station vehemently submitted that accused no.1 Francis @ Kavun Patrik Manwel is brother of Jon @ Chota Papa Patrik Manwel who is
offender in C.R.No.6/21 of Igatpuri Police Station under Section 307 of IPC, in C.R.No.144/22 of Kalyan Taluka Police Station u/s. 398, 392 of the IPC. When he released on bail in C.R.No.144/2022 he committed murder of one lady in C.R.No.104/22 under Section 302 of the IPC. He further submitted that the brother of applicant Sani Ramesh Pagare is also member of ‘David Gang’ who is in police custody for murder in C.R.No.104/22 for the offence punishable u/s. 302 of the IPC. The applicant is also member of ‘David Gang’. If he released on bail he will repeat the offence. I.O. has apprehension that
such type of offender released on bail he will commit serious offence like murder.

9.It is settled principal of law that while considering the bail application the court needs to go into the crime history of the accused whether he was part of any Gang and then draw an inference whether he is likely to commit an offence after he is released on bail. It is settled principal of law that court has to see the culpability of accused and his involvement in the commission of organized crime either directly or indirectly.

10.It is true that this is second bail application as the first bail application was rejected on 3.9.2022. Whereas, the charge-sheet is already filed on 30.08.2022. The FIR reveals that the main role
played by accused nos.1, 2, 3, 4, 5 whereas the accused nos.7 and 8 has played the role that when the incident of murder took place they went to the house of accused nos.4 and 5 on passion motorcycle
no.MH-15-AV-6227 with accused no.1 (main culprit). It is alleged that this two accused had threatened accused nos.4 and 5 that they should not open their mouth about the incident of murder which
accused nos.4 and 5 are eye-witnesses. It is true that the incident of murder has been took place on instigation given by accused nos.4 and 5 to accused nos.1 and 2 on the ground of splashing water while
they were swimming on the clothes of the deceased. Whereas, it is true that accused nos.7 and 8 played certain role but FIR doesn’t reveal name as per FIR by deceased brother Rohit Thavale (वरील
वर्णनाचे अनोळखी दोन मुले व दोन मुली यांचे विरुध्द फिर्याद आहे अनोळखी दोन मुले अनोळखी दोन मुले व दोन मुली यांचे विरुध्द फिर्याद आहे व दोन मुली यांचे अनोळखी दोन मुले व दोन मुली यांचे विरुध्द फिर्याद आहे विवरुध्द वि याद आहे अनोळखी दोन मुले व दोन मुली यांचे विरुध्द फिर्याद आहे.) Therefore, I am of the considered opinion the role played by the
applicant/accused no.7 when compared to the accused nos. 1 to 4 is certainly minor. The say filed by the I.O. nowhere reveals that there are criminal antecedents against applicant/accused no.7. ‘Jail is
exception bail is rule’. Charge-sheet is filed on 30.8.2022. Both accused are in jail since last six months. Trial yet to be started.

Hence, order –

O R D E R 1.

Bail Application is allowed.

2.Applicant/accused no.7 Pramod Hansraj Jaiswal be released on bail in C.R. No.51/2022 registered with Igatpuri Police Station for an offence punishable under Sections- 302, 504, 109, 114 r/w. 34 of the Indian Penal Code, on furnishing P. R. Bond of Rs.50,000/- with one or two sureties in like amount on following conditions.

(a) He shall attend Igatpuri Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till
final disposal of the Sessions Case.

(b) He shall not come in contact in any way with the informant/injured and witnesses, nor tamper and
pressurize them.

(c) He should not repeat the offence.

(d) He should not stay in Igatpuri Taluka and city police station till conclusion of Trial.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE
Date: 2022.11.19 17:28:22 +0530 ( Dr. U. J. More ) District Judge-13 and Date : 19.11.2022. Additional Sessions Judge, Nashik.