Cri.B.A.No.1708/2020 Order below Exh.01 in Cri.B.A.No.1708/2020 CNR No.MHNS010046782020
(Pushpak Rajendra Kanade etc.1 vs. State)
The applicants have preferred this application for anticipatory bail praying therein that they may be released on bail in the event of arrest in connection with CR.No.I44/2020 registered with Surgana police station for the offence punishable under Sec.353, 341, 323, 427, 504, 506 of IPC, on the basis of FIR lodged by Nagesh Sudam Yeole CO of Surgana Nagar Panchayat, contending therein that when he was discharging public duties, the accused by fist and kick blows damaged bonnet and door of his car bearing No.MH12NP5369, abused and threatened him.
2.Bail application is filed on the ground that the applicants are innocent and have been falsely implicated in the case. That the applicants have applied for No Objection Certificate for Beer Shoppe to Surgana Nagar Panchayat and have complied with all the documents. Still they did not get No Objection Certificate and when the applicants have asked about the same, they have implicated in this false crime. They have never abused nor threatened informant.
They have never prevented informant in discharging his duties.
Nothing is recovered or discovered at the instance of applicants.
They will not hamper with prosecution evidence. They are permanent residence of Surgana. They will abide by all terms and conditions if any imposed by the Court. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Smt.Gore and filed say resisting for grant of application on the grounds that if released on bail they will pressurized the witnesses.
They will tamper and hamper with prosecution evidence. The offence is serious one. On these main grounds and others have prayed for rejection of the bail application.
4.Heard Ld. Advocate Mr.Kasaliwal for applicants. Perused bail application. Heard Ld. APP Smt.Gore. Perused police papers and say filed by Surgana police station.
5.On perusal of FIR as well as case papers, it is apparent that both the applicants had approached Nagar Panchayat, Surgana for Beer Shoppe licence. They were insisting that the informant should take up the subject of issuing NOC for their Beer Shoppe and they were being pacified that it is the perogative of Chairman of the Nagar Panchayat to take up the issues. However, Pushpak Kanade was not in position to listen and was giving abuses and threatenings. When the informant wanted to proceed to Dindori to attend meeting, in his private vehicle No.MH15NP5361, both Pushpak and Rupesh resisted and were manhandling and even threatened. The other employees separated them and when the informant sat in his car, they kicked the bonnet and door of the car.
6.Though there is criminal overt act mentioned in FIR, nothing is to be recovered or discovered at the instance of the applicants. The report does not suggest any criminal antecedents against them. They have promptly avoided terms and conditions imposed upon them. The offence is not punishable for imprisonment for life or death. The report filed by the police does not suggest that some recovery is to be made at the instance of the applicants. The only reason mentioned in the report is that if bail is granted, it will affect his moral, that can not be the ground to reject the bail application. Hence, I proceed to pass following order :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant No.1 Pushpak Rajendra Kanade and applicant No.2 Rupesh Rajendra Kanade in connection with CR.No.I44/2020 registered with Surgana police station for the offence punishable under Sec.353, 341, 323, 427, 504, 506 of IPC, on the basis of FIR lodged by Nagesh Sudam Yeole, the above named applicants be released on bail, on furnishing a PR and SB of Rs. 15,000/ ( Rupees Fifteen Thousand only)each, with one surety of like amount on following conditions.
(a). They shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). They 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 them from disclosing such facts to the Court or to any police officer.
(c). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2021.01.14 16:10:04 +0530 Nashik. ( V. P. Desai) Date : 14.01.2021 Additional Sessions Judge, Nashik.