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Cri.B.A.No.1238/2020
Criminal Bail Application No.1238/2020.
CNR No. MHNS010035492020
[Radha Vikas Gaikwad V s. State]
Order below Exh.1.
This is bail application for regular
bail U/s. 439 of
Cr.P.C. in Cr.No.31/2020 of Sarkarwada P. S., for offences
punishable under Sections 381, 411, 414, 120B r.w. 34 of I.P.C., on
the basis of FIR given by Romesh Vijay Luthra contending there
that, on 27.1.2020, when nobody was in his house, unknown person
broke open the house, subsequently opened the cupboard and took
away Godrej locker, gold, silver and diamond ornaments worth
Rs.69,70,000/.
2.
Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That she is
not indulged in the actual theft. Nothing is seized from the
applicant. There are no criminal antecedents against the applicant.
The applicant is a woman. Investigation is practically completed.
Chargesheet is filed. On these and other grounds, prayed to grant
the application.
3.
Notice was issued to State. State appeared through Ld.
APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that investigation of the offence is not yet completed.
Ornaments such as gold, diamond, cash, watches are subject matter
of theft. The prime accused i.e. applicant contacted Yogesh Paikrao
and the applicant, who in turn contacted Dattatraya Shinde and
they melted the gold and ingot was prepared, which was sold to
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Cri.B.A.No.1238/2020
goldsmith for Rs.29,01,400/ and they have distributed this amount
amongst themselves. That Rs.50,000/ cash was seized and gold
ornaments approximately worth Rs.5 lac is seized from her.
4.
Heard Ld. Advocate Dipak Bhusar for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Sarkarwada police station.
5.
On perusal of F.I.R. as well as case papers, it is apparent
that, the same is against unknown person. It is settled principle that
FIR is not an encyclopedia of the crime. Subsequent investigation
revealed that Radhabai, maid servant i.e. present applicant and her
two associates committed theft of gold ornaments, jwellery,
diamond sets from the house of informant.
6.
As far as the role of present applicant is concerned, she
is the prime accused and actually participated in the actual theft.
There is positive case against her. However, at the same time it can
not be forgotten that she is a woman having no criminal
antecedents against her. Now the chargesheet is filed. Investigation
is completed. She is arrested on 31.1.2020. Since last 9 months she
is in jail. The offence is not punishable with imprisonment for Life
or death. Hence, now discretion can be exercised in favour of the
applicant on certain terms and conditions. Hence, I pass following
order.
ORDER
(1). Application is allowed.
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Cri.B.A.No.1238/2020
(2). The applicant Radha Vikas Gaikwad be released on bail in
Cr.No.31/2020 of Sarkarwada P. S., for offences punishable under
Sections 381, 411, 414, 120B r.w. 34 of I.P.C., on furnishing a PR
and SB of Rs.30,000/ with one or two solvent sureties of like
amount on following conditions.
(a). She 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.
(b). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
Nashik.
Date : 06/10/2020
Vardhan
Prataprao
Desai
Digitally signed by
Vardhan Prataprao
Desai
Date: 2020.10.06
13:51:45 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.