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MHNS010031282022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 783/2022.
1.

This is an application filed by applicant Pravin Rambhau
Pagar for anticipatory bail under section 438 of Cr.P.C. in C.R.No. I­
125/2022 registered against applicant at Gangapur Police Station for the
offence punishable under sections 452, 324, 323, 427, 504, 506 r/w
section 34 of the Indian Penal Code.
2.

In short it is the case of prosecution that when complainant
was celebrating his birthday at the house of his uncle Majir Shaikh at that
time accused along with two to three associates entered into the house
unlawfully by threatening, abusing, assaulting the complainant and
witnesses.

Applicant threw the utensils outside the house.

When
complainant went outside the house Roshan Pagar assaulted him on his
head by wooden stick and damage his auto rickshaw. Hence, the
complaint.
3.

It is submitted by the applicant that he has been falsely
implicated in the present crime. FIR is lodged belatedly. Though the
police station is at close distance which reflects the seriousness of the
offence. In fact there was quarrel between complainant and his uncle at
that time they tried to intervene complainant assaulted him. Applicant
and his family members went to the police station to lodge the complaint,
however, NC was registered. In anger complainant has lodged the
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complaint against them.

In order to falsely implicated FIR has been
registered. Nothing has to be recovered. Physical presence of the accused
is not required. He is ready to abide by the terms and conditions. Hence,
prayed that pre­arrest bail application be granted.
4.

Say was called of investigating officer wherein he contends
that, applicant/accused is absconding since offence and he has full
knowledge of his two or three associates if he released on bail information
regarding associates cannot be gathered. Applicant/accused is the son of
house owner of witnesses. There is terror in said area of the applicant due
to which nobody is ready give information. Witnesses are the tenant of
the applicant, he may put pressure on the witnesses. If he released on bail
he may tamper the prosecution witnesses. Investigation is in progress.
Hence, prayed that application be rejected.
5.

Heard Ld. Advocate for the applicant and Ld. APP for the
State. It is argued by the Advocate for the applicant that the incident had
occurred when he went to the house of the uncle of the complainant to
celebrate his birthday.

Accused persons have lodged NC that on
13.06.2022 at about 23.00 hrs there was quarrel between the tenants of
complainant and Vasim Shaikh. Vasim Shaikh abused his son, assaulted
him hand and pushed him. As NC was lodged by the accused complainant
went and lodge the complaint against the accused which clearly reflects
that the complaint is after thought as the incident has occurred on
13.06.2022 and it has been lodged on 14.06.2022. Except for offence
under section 452 of IPC all the other offences are bailable. Nothing has
to be recovered or discovered at the instance of the accused.
prayed that pre­arrest bail be granted.

Hence,
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6.

On perusing the documents though much argument has been
made that NC has been lodged against the complainant is much prior in
time, however, on perusing the copy of the NC it is clear that it has been
registered on 14.06.2022. No time has been mentioned of the information
received.

FIR is also lodged on the same day but at 23.03 hrs. It is
pertinent to state that if the incident has occurred on 13.06.2022 and the
complainant was assaulted what prevented the complainant from lodging
the report at the earliest. No justifiable reason has been stated in lodging
the report belatedly. It appears that counter complaints have been filed by
both the parties. Investigating officer has not stated that recovery has to
be made. Nothing remains to be investigated. Accused is resident of
Nashik. Hence he is not likely to flee away. Apprehension of the
prosecution can be taken care by imposing conditions. Hence, I proceed
to pass following order :­
ORDER
1.

The application is hereby allowed.

2.

In the event of arrest of applicant/accused in C.R.No.I­125/2022
registered against applicant Pravin Rambhau Pagar at Gangapur
Police Station for the offence punishable under sections 452, 324,
323, 427, 504, 506 r/w section 34 of the Indian Penal Code, he be
released on executing his P.R. Bond of Rs.15,000/­ (Rupees Fifteen
Thousand Only) with one surety in the like amount.

3.

The applicant/accused shall co­operate the investigating agency as
and when called at the police station.

4.

The applicant/accused 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 or tamper with the evidence.

5.

In the event of violation of any terms, Investigating Officer is at
liberty to take appropriate steps under section 439(2) of Cr.P.C.

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6.

Inform concerned Police Station accordingly.

7.

Application is disposed off accordingly.

Nashik.
Date : 27/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.