CNR No.

MHNS010023182022
Order below Exh.1 in Cri. Bail Application No.575 /2022
( Rahul Maruti Ingale Vs. State )
This is an application, for bail u/s. 439 of the Cr.P.C.
in C.R. 76 of 2022 registered with Gangapur Police Station, Nashik
u/s. 454,457,380,379 r/w 34 of The Indian Penal Code(IPC).
2.

The learned counsel Mr.A.S.Deshmane for the applicant
submits that, applicant is
innocent person and
has been falsely
implicated. Applicant is not at all concerned with alleged recovery.
Applicant is in service and only earning member of his family. He
is ready to abide by any of the terms and conditions to be imposed
by this Court. He has got fixed and permanent place of residence
and undertakes to cooperate investigation. The offence
was
registered on 16.04.2022 and he has been arrested on 04.05.2022
and now he is in judicial custody.
3.

Learned A.P.P. Mr. S.G. Kadve, by filing pursis (Exh.5)
adopted say (Exh.4) filed by Investigation officer (I.O.) and
strongly objected this application. I.O. present alongwith police
papers.
4.

Prosecution case is that, in between 15.04.2022 at
about 8.00 p.m. to 8.00 a.m. of 16.04.2022 accused in furtherance
his
common intention with other co­accused committed house­
tresspass, broke the latch of the door of the informant and
committed theft of gold ornaments and Wagnor vehicle. Vehicle
was seized at his instance.
5.

Ld. APP has opposed this application on the grounds
that,investigation is incomplete, he may abscond,hamper or tamper
prosecution witnesses and evidence. There is also every likelihood
that such types of offences may be committed by accused in future.

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6.

It is relevant to mention that,
one of the accused
Umesh Vakil Nerkar has been released by the Learned JMFC in this
C.R. on 09.05.2022. I.O. submits that, he cannot state about
pendancy of any C.R. against the present applicant for commission
of similar offences. Muddemal property has already been recovered
at his instance.

Offence is trial by learned JMFC. In the
circumstances, no purpose would be served by keeping him behind
the bar for indefinite period. He has got fixed and permanent place
of residence
and he is residing alongwith his family members.

Certain conditions may suffice the purpose. Consequently,
applicant deserves bail. Hence, the following order.
ORDER
1.

This application stands allowed.

2.
Applicant Rahul Maruti Ingale, shall be released on bail,in C.R.
76 of 2022 registered with Gangapur Police Station, Nashik u/s.
454,457,380,379 r/w 34 of IPC on executing personal bond of
Rs.25,000/­, with one or two sureties in the like amount.
3.
The applicant shall not leave India without prior permission of the
Court.
4.

The applicant shall not tamper with the prosecution witnesses.

5.
The applicant shall attend the police station on each Monday for
one month in between 11.00 a.m. to 1.00 p.m., or as and when called
by I.O. under prior written intimation or till the filing of charge­sheet
whichever is earlier.
6.

Bail before Ld. J.M.F.C.

Date :18.05.2022.

( S.T. Tripathi)
Additional Sessions Judge­7,
Nashik.

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Cri.Bail No./2021.