Cri. Bail Appln. No.400 of 2022 (Or. Exh.1) IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK. ( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.400 of 2022
CNR No. MHNS010013872022

1.Prashant Vinodsingh Baiyas,
Age : 23 years, Occ : Labour

2.Ganesh Madhukar Waghmare,
Age : 21 years, Occ : Labour

3.Akash Subhash Ingale,
Age : 22 years, Occ : Labour
All are resident of Nashik Road, Tal. & Dist. Nashik. .. Applicants/Accused.

V/S

State of Maharashtra Through – PI, Nashik Road Police Station (C.R. No. I – 79/2022) .. Respondent/State.

Appearance :

Ld. Adv. Shri. A.C. Pradhan for Applicants/Accused.

Ld. Adv. Shri. Sachin Gorwadkar for Respondent.

Ld. Adv. Shri. A. K. Jagtap API (I.O.) is present.

ORDER BELOW EXH. N0.1
(Delivered on 04th April, 2022)

1.This is an application filed under Section 438 of Criminal Procedure Code for grant of anticipatory bail in C. R. No.I­79/2022 registered with the respondent Nashik­Road Police Station for an offence punishable under Sections 420 and 406 of the Indian Penal Code.

2.Perusal of the F.I.R. reflects that, on 17.03.2022 at about 10.30 p.m. at Vihitgaon Bridge, complainant after answering the call of nature, while sitting on his horse, the applicants came over there and applicant No.1 assaulted the complainant on his chest by sickle, which he took the same on his hand and therefore he sustained an injury to his left palm. The applicant No.3 assaulted the complainant by stick on his head and neck. The applicant No.2 forcibly took­out Rs.1,500/­ from the pocket of the complainant and thereafter they ran away from there. Matter is came to be reported to the Police.

3.It is the case of the applicants that, they are innocent and falsely implicated in this case. The complainant is discharge from the Hospital. The complainant is a habitual offender. Applicant is ready to co­operate the I.O. Therefore, prayed to allow the application.

4.Respondent filed their say vide Exh.6 and objected for grant of bail. It is their case that, the sickle and stick are to be seized.

Blood samples are to be taken of the applicants. Cloths are to be seized from the applicants. Investigation is at primary stage. Amount of Rs.1,500/­ is required to be seized. Custodial interrogation is necessary. Therefore, prayed to reject the application.

5.Heard Ld. Advocate for the applicants, Ld. A.P.P. for the State and the I.O. is in person. Perused the entire record and so also police­papers produced for inspection by the I.O.

6.Upon hearing and going through the material placed on record, what can be gathered is that, the offences alleged are serious in nature. The applicants have assaulted the complainant by a sickle and stick and had forcibly took Rs.1,500/­ from the pocket of the complainant. Custodial interrogation of the applicants is necessary as the sickle and the stick is to be recovered, so also Rs.1,500/­ is required to be recovered. Blood samples is required is taken.

Therefore, considering the seriousness of the case and the facts and circumstances of the case, this Court finds that discretion can not be invoked in favour of the applicants. Hence, the order.

O R D E R

Criminal Bail Application No.400/2022 strands rejected and disposed off accordingly.

MUSHTAQUE Digitally signed by MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.04.04 17:24:38 +0530 Place : Nashik. (M. H. Shaikh) Date : 04/04/2022 Addl. Sessions Judge, Nashik.