MHNS010045232020 Order below Exh.1

in Cri. Bail Application No.1660/2020.

1 Priyanka Ganesh Gunjal
2 Surekha Ganesh Gunjal

Vs.

State

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No. 380/2020 for the offence punishable under sections 394, 504 r/w 34 of the Indian Penal Code registered with Gangapur Police Station, Nashik on accusation that on 12.11.2020 at about 1.30 p.m. near vegetable market, Shivajinagar, Gangapur Shivar, Nashik, the accused, in furtherance of their common intention, caused hurt to the informant while committing robbery and thereby committed an offence.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. At the time of incident, the informant and others have assaulted the applicants and therefore, applicant No.1 has filed report with Gangapur police station against the informant and others on the basis of which crime No. 379/2020 is already registered against them under section 397, 395, 504 of the Indian Penal Code and under section 4/25 of the Arms Act. Nothing is to be seized or recovered from them. They are ready to co­operate in further investigation. They are not having any criminal antecedent.

Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.The respondent State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5.Heard learned advocate Mr. A.G. Sonwane for the applicants and learned APP Smt. Sangale. I have also perused the investigation papers made available by the Investigating Officer.

Prima­facie, it appears from the police papers that the applicants and the informant are the neighbours. The quarrel took place between the parties due to dog. It also appears from the record that spot panchanama is already drawn and mangalsutra is already recovered from the spot of incident. Material investigation is already completed.

It further appears from the record that applicant No.1 has also filed report against the informant and others on the same day on basis of which Crime No. 379/2020 is already registered against them. The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. The applicants are not having any criminal antecedent. They are ready to co­operate in further investigation.

Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 In the event of arrest of applicant Nos.1­Priyanka Ganesh Gunjal and 2­Surekha Ganesh Gunjal in Crime No. 380/2020 for the offence punishable under sections 394, 504 r/w 34 of the Indian Penal Code registered with Gangapur Police Station, Nashik; they be released on prearrest bail on their executing P.R. bond of Rs.15,000/­ each with surety each in the like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Jadhav Date: 2020.12.03 ( Smt. S.C. Jadhav ) 16:59:56 +0530 03rd December, 2020. Additional Sessions Judge­ 8, Nashik.