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Cri.B.A.No.1298/2022
Criminal Bail Application No.1298/2022
CNR No. MHNS010054932022
[Rahul Krushnakant GhaywatV s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I222/2022 of Adgaon P. S., for offences punishable under
Sections 363, 364A, 120B of
I.P.C., Sec.3/25 of Arms Act and
Sec.135 of Maharashtra Police Act on the basis of FIR lodged by
Rohan Yogesh Bhalerao.
2.
Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That FIR
does not feature name of the applicant nor specific role is assigned
to him. That he never kidnapped informant nor demanded any
amount. He never assaulted or threatened the informant. That after
arrest, nothing is seized from applicant. The applicant is not
connected with the crime. He will cooperate investigation
machinery. He is ready to abide by terms and conditions 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 Mr. Kotwal and filed say resisting for grant of application on
the grounds that offence is serious one and investigation is in
progress. There is concrete material against the present applicant.
The applicant was part of conspiracy. The accused and his
companions are arrested near Check Post at Saputara, Gujrat State
and country made pistol and knife are seized from them. That the
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Cri.B.A.No.1298/2022
applicant and prime accused Vinod Dangle exchanged phone calls
amongst each other. That he will hamper prosecution evidence and
will threaten the informant and witnesses. On these main grounds
and others have prayed for rejection of bail application.
4.
Heard Ld. Advocate Mr.Avhad for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Adgaon police station.
5.
On perusal of F.I.R., it mentions that informant’s father
called him and told that one Vinit and others have kidnapped him
and his nephew and are demanding money. The investigation
further reveals about demand of Rs. 1 crore as ransom. The
investigation further reveals that abductors and victims were
apprehended in Saputara, Gujrath Border. The present applicant
was found in Innova Crista vehicle No.MH15SU7800.
6.
The name of the present applicant is not mentioned in
FIR. He is not the owner of Innova car. The say of the Investigating
Officer does not reveal any criminal antecedents against present
applicant. Hence, on certain terms and conditions, discretion in
form of regular bail can be exercised in favour of the applicant.
Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). The applicant Rahul Krushnakant Ghaywat be released on bail
in Cr.No.I222/2022 of Adgaon P. S., for offences punishable
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Cri.B.A.No.1298/2022
under Sections 363, 364A, 120B of I.P.C., Sec.3/25 of Arms
Act and Sec.135 of Maharashtra Police Act on furnishing a PR
and SB of Rs.25,000/ with one or more sureties of like
amount on following conditions.
(a). He shall attend Adgaon Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He 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.
(d). 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
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 31/10/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.01
11:02:23 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.