CNR
MHNS010039102022
Order below Exh.1
in Cri. Bail Application No.936/2022.
( Pramod Shivnath Bhangare and Anr. Vs State)
This anticipatory bail application is moved by the
applicants­accused No.1 Pramod Shivnath Bhangare and No.2
Shashikant Shivaji Nagare under section 438 of the Criminal Procedure
Code for grant of bail in connection with CR No.151/2022 registered
with
Wavi
Police
Station
for
the
offence
under
section
324,326,143,147,148,504,506 r/w sec.149 of the Indian Penal Code,
in the event of arrest in connection with above referred crime.
2.
is
It is stated in the application that, applicant­accused No.1
permanent
resident
of
village
Tambhol,
Tal.

Akole,
Dist.

Ahmednagar. He is Civil Engineer and having good reputation in the
scoiety. Applicant­accused No.2 is permanent resident of village
Malunje, Tal. Sangamner, dist. Ahmednagar and is college going
student having good reputation. Being relative applicants­accused, the
police of Wavi police station had been to the house of applicant­
accused No.2 and gave threat to the parents of applicant­accused No.2
to arrest in the present crime as well as being a friend of applicant­
accused No.2 also threaten applicant­accused No.1 in the non­bailable
offence registered with Wavi police station U/s. 326 of IPC CR
No.151/2022 registered against the applicants­accused. Therefore,
there is apprehension of arrest, prayed anticipatory bail on the ground
that they have not committed any offence, FIR is silent to suggest the
names of present applicants­accused, there is delay in lodging FIR,
there is civil dispute between first informant and applicants­accused,
being relatives of applicant­accused No.2, implicated falsely. Accused
No.1 and 2 are already released on bail and during inquiry
..2..

incriminating articles are already seized. Moreover, present applicants­
accused are not reflected during enquiry and also stated that accused
No.1 and 2 have already filed complaint against the first informant and
his family members with Wavi Police Station. These and other ground
set out in the application, present application is moved for anticipatory
bail.
3.

Application is opposed by the prosecution and filed their
report at Exh.5.
4.

Heard learned counsel Shri. M.L. Khairnar for applicants­
accused and submitted that there is civil dispute between them and
being relatives they have been falsely implicated in this crime. The
names of the applicants­accused are not mentioned in the FIR. The
details of motorcycle also not mentioned in the FIR. He further
submitted that the applicants­accused is local resident as mentioned in
the application and ready to attend the police station as and when
required and hence prayed to grant anticipatory bail to the applicants­
accused.
5.

The learned APP Shri. Suryavanshi objected the application
stating that the custodial interrogation of the applicants­accused is
necessary as motorcycle used in the crime is to be recovered. Since the
offence applicants­accused are absconded. The investigation is in
progress and at this stage it would not be proper to grant anticipatory
bail to the applicant­accused, hence, prayed to reject the same.
6.

Today, I.O. is present and produced the case papers of the
investigation done so far.
7.

On perusal of the entire record it appears that the
Cri. Bail Application No.936/2022.
..3..

applicants­accused have used motorcycle and weapons in commission
of the offence, though their names are not mentioned in the FIR as
they are not known to the first informant, however, their involvement
is visible as per the documents placed on record. The mobile tower
location is traced out on the spot of incident at the time of assault on
the first informant and his son. Therefore, the custodial interrogation
of the applicants­accused is necessary. T.I. parade is also required to be
conducted and if the applicants­accused are granted anticipatory bail,
the investigation will be hampered and it will seriously affect the
evidence/case of the prosecution. Hence, no case is made out for grant
of anticipatory bail. Therefore, application is devoid of merit. Hence,
following order is passed.
ORDER
1)
Anticipatory Bail Application No.936/2022 is hereby rejected.

2)
Inform the concerned police station accordingly.

SHINDE
MADHAV
A
Date­04.08.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.08.05
11:40:48 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.