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Criminal Bail Appln. No. 533 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 533 OF 2022.
{Rahul Machhindra Pawar vs. The State of Maharashtra through
Mumbai Naka Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant­accused in crime
No. 27 of 2022 registered with Mumbai Naka Police Station, Nashik for
the offences punishable under sections 307, 143, 144, 148, 149, 504,
506 of the I. P. C. and section 4 read with 25 of the Arms Act.
02]
The applicant contended that false and fabricated case is
registered against him. There is 18 to 19 hours delay in lodging F. I. R.
The investigation is completed and chargesheet is filed. There is family
dispute between the complainant and the accused. He has not
committed the offence. Weapon is recovered in the crime. Section 307 of
the I.P.C. is not attracted against him. His custodial interrogation is not
required. He is permanent resident of Nashik and having movable and
immovable property. He has deep roots in the society. His family is
dependent on him. He is ready to abide by any conditions imposed by
the court. So, he has prayed for grant of bail.
03]
APP filed say at Ex. 04 and I. O. filed say at Ex. 05. They
have stated that the offence is of serious nature. He assaulted the
complainant by sythe to kill him. The injuries are of dangerous nature.
Their intention was to kill the complainant. He has criminal antecedent.
If he is released on bail, he may threat the prosecution witnesses. Hence,
they have prayed for rejection of bail.
04]
Heard the learned counsel for the accused and learned APP.

They have argued as per the above stand taken. He further argued that
in the offence under section 302 of the I. P. C., he is already acquitted.
05]
I have gone through application, say, arguments and Police
papers. There is prima­facie case against the accused. F. I. R. shows that
the present accused in furtherance of common object with other accused
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attempted to murder the complainant. When the main accused
assaulted on the head of the complainant that time, present applicant­
accused and accused Sani Jagtap caught hold of the hands of the
complainant. Several life threatening injuries are there on the head,
chest and back of the complainant. Then, the present accused has also
given kick and fist blows to the complainant and by means of bottle of
beer assaulted on the head of the complainant. The main role appears
to be of accused Yash Rajendra Shinde. As compared to him the
present accused has limited role. Now the investigation is completed
and chargesheet is filed. No purpose will serve to keep the accused
behind bar. The apprehension of the prosecution that the complainant
and the witnesses will be threatened can be taken care by imposing
suitable terms and conditons. The accused is released on bail in other
pending crime against him. Hence, the following order;
ORDER
01]
Application is allowed.

02]
Accused namely Rahul Machhindra Pawar be
released on bail on executing personal bond of Rs.
25,000/­ with one or more surety in the like
amount, each respectively in crime No. 27 of 2022
registered with Mumbai Naka Police Station,
Nashik for the offences punishable under sections
307, 143, 144, 148, 149, 504, 506 of the I. P. C.
and section 4 read with 25 of the Arms Act
03]
The accused shall attend police station on every
month in between 11.00 a.m. to 02.00 p.m., till the
conclusion of the trial in between first to fifth date
of the month and shall attend the police station as
and when their attendances is required by the I. O.

04]
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 to tamper with the
evidence.

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05]
He shall not tamper the prosecution evidence in
any manner.

06]
He shall not leave India without permission of this
court.

07]
He shall not commit similar type of offence.

08]
He shall furnish his detailed address with proof
and his mobile number.

09]
Bail before the concerned court of Judicial
Magistrate First Class.
RATHI
ROOPESH
RAMSWARUP
Date : 06.05.2022
Digitally signed
by RATHI
ROOPESH
RAMSWARUP
Date: 2022.05.06
12:40:38 +0530
(R. R. Rathi)
Additional Sessions Judge­5,
Nashik.