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Cri.B.A.No.885/22OrderEx.1.
Order below Exh.1 in Bail Application No. 885/2022
1/
Rahul Gangadhar Pagar
..Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Kalwan Police Station, Kalwan.
(Cr. No.I 133/2022)
..
Prosecution
Order below Exh.1.
1.
This application has been filed by the applicant/accused
under section 438 of Cr.P.C. for releasing him on anticipatory bail
in the event of his arrest in the aforesaid Crime registered at Kalwan
Police Station, Kalwan for the offence punishable under section 323,
324, 504, 506 r/w. 34 of the Indian Penal Code and under Sections 3(1)
(r)(s) & 3(2)(va) of the Scheduled Caste & Schedules Tribes
(Prevention of Atrocities) Act and accordingly interim protection was
granted to applicant on 14.07.2022.
2.
Heard Mr. V.P.Pagar learned Advocate for applicant and
learned APP Smt. Jadhav and learned Advocate Mr. Donde for
informant. Perused the say filed by informant vide Exh.13. Perused
the say filed by IO and also perused the papers.
3.
It is the case of the prosecution that the applicant and
other accused have threatened and abused the informant by uttering
abusive words on caste thereby humiliated & insulted the informant.
4.
Ld. Advocate for the applicant pointed out that the report
lodged by the informant did not contain any allegations as to abusive
words uttered by the applicant. Only allegations against the applicant
that he beat up the informant by kicks and blows.
The incident
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Cri.B.A.No.885/22OrderEx.1.
allegedly took place on 09.07.2022 whereas the report came to be
lodged on 10.07.2022. Applicant has produced copies of documents to
show previous enmity between accused No.1 and the informant party.
There are previous complaints lodged by the accused No.1 against the
informant party.
As such, prima facie, involvement of the applicant
in alleged offence is found to be dubious one.
On these amongst
ground, interim bail was granted to applicant on 14.07.2022.
informant
has
produced
some
documents
to
show
Now,
criminal
antecedents against the applicant. Those are the copies of NC in the
year 2011, 20132014, 2019 etc.
It is not the case of informant that
applicant was convicted in the offence of same nature. Say is filed by
the investigating officer with formal objection.
It appears that
applicant cooperated the investigation.
5.
As per the contention of ld. Advocate for the applicant, he
is local resident and he is ready to abide any conditions imposed upon
him. Therefore, considering all these aspects, this Court is of the view
to confirm the interim protection granted to applicant. Hence, the
order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicant on
14.07.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 23.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.23
17:43:04 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
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Cri.B.A.No.885/22OrderEx.1.