(Exh.1) ::1:: Criminal Bail Application No.1138/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK BAIL APPLICATION NO.1138 OF 2022
1. Rahul Rajaram Gangode ]
2. Hemraj Ashok Bhurkud ] .. Applicants / accused
V/s.
The State of Maharashtra ] Through– P.I. Dindori Police Station ] ..Respondent/prosecution
Advocate Shri.B.D.Nannaware for the applicants/accused.
APP Shri.Kadave for the State.
ORDER BELOW EXH.1
1.This bail application is filed u/s.439 of Cr.P.C. in C.R.No.311/2022 for offence under Sections u/s.395, 452, 341, 504, 506 of the Indian Penal Code registered with Dindori Police Station.
2. Facts of the prosecution case is that informant Subhash Ramchandra More met with accident due to dash by Sunil Bhurkud. When he go to hospital for treatment applicants/accused came to his house and
stated that, तुम्हीच आमच्या दुचाकीला धडक दिली आमच्या दुचाकीला धडक दिली दुच आमच्या दुचाकीला धडक दिलीा दुचाकीला धडक दिलीकीला दुचाकीला धडक दिली धडक दिदली, आम्हा दुचाकीला धडक दिलीला दुचाकीला धडक दिली नुकसा दुचाकीला धडक दिलीन भरपा दुचाकीला धडक दिलीई पाहिजे पा दुचाकीला धडक दिलीदिहजे and thereafter abused and threatened. Neighbourer intervene and solved the scuffled. Thereafter, we went to hospital and came at home. At about 1 p.m. all accused came with iron rod and wooden stick. They assaulted informant
and his family members by stick, fist blows and kick blows. Therefore, they sustained injuries on their body. They also snatched 3 tola golden chain from the possession of his wife Alka More. Applicant Pralhad Chothave assaulted to his nephew Arjun by iron road when he intervene the quarrel. Accordingly, complaint under the aforesaid sections is registered.
3. Facts of the applicants case is that, they are falsely implicated in this case. Informant and other 12 persons assaulted Sunil Ashok Bhurkud and applicants/accused prior to the incident on 6.9.2022. Therefore, Mr.Sunil Bhurkud lodged complainant against the informant and other 12 persons vide C.R.No.310/2022 on 7.9.2022 at about 7.27 p.m. and on the same date to pressurise the applicant and others informant has filed this false complaint on 9.20 p.m. Applicants have not done any crime and falsely implicated in this case. They ready to abiding the conditions.
4.I have heard Ld. Adv.Shri.B.D.Nannaware. He pithily submitted that investigation is completed. There is no need to keep the applicants/accused behind bar. They have no criminal antecedents. Hence,
prayed to allow the pre-arrest bail.
5.Heard Ld. APP Shri.Kadave, who strongly objected to release the applicants/accused on bail.
6.Heard both side at length. After perusal of FIR dated 7.9.2022 it reveals that the incident occurred on 6.9.2022 due to the accident took place with vehicle of Sunil Ashok Bhurkund i.e. applicant no.4 and informant Subhash More. Informant sustained injury and thereafter on the ground of incident; alleged incident of criminal house tresspass, dacoity by snatching 30 gram gold from the family members of the informant took place. It reveals that the assault took place with the iron rod and wooden sticks. But
simultaneously it is to be noted that one more cross-complaint in C.R.No.310/2022 dated 7.9.2022 has been filed by these applicants/accused against the informant on 19.28 hrs. i.e. before lodging C.R.No.311/2022 of this case. The C.R.No.310/22 is for the offence under Sections – 143, 147,
148, 149, 324, 323, 504, 506 of the IPC and Section 3(2)(va), 3(1)(r) and 3(1)(s) of the Atrocity Act. Prima-facie it seems that there are counter complaint between informant’s family and applicants/accused family. One complaint filed under the provisions of IPC and other complaint is filed under the provisions of Atrocity Act alongwith IPC. Record nowhere reveals that the applicants/accused are the habitual offender. Considering this aspects and the apprehension of the police about the recovery can be settled with stringent condition as the accused would be in “deemed custody” of the police as per the settled principle of law. The police can very well recover the weapon if found after enlargement on bail also. They are also in jail since arrest. No purpose will suffice by keeping them behind bar. Hence, order –
ORDER
1.Anticipatory Bail Application below Exh.1 is allowed.
2.Applicants/accused Rahul Rajaram Gangode and Hemraj Ashok Bhurkud be released on bail in C.R.No.311/2022 registered with Dindori Police Station for an offence punishable under Sections-u/s.395, 452, 341, 504, 506 of the Indian Penal Code on furnishing P.R. Bond of Rs.25,000/-each (Rs.Twenty Five Thousand Only) with one or two solvent surety of like amount on the
following conditions :
(a) They shall attend Dindori Police Station on every Monday in between 11.00 a.m. to 2.00 p.m. till filing
of charge-sheet.
(b) They shall not pressurize the informant prosecution witnesses and their family members and not come in contact in any way with them and also tamer them.
(c) Applicants/accused shall submit his contact number and proof in respect of permanent and temporary residence to this Court.
(d) If they breach any of the abovesaid conditions it would be a cause to cancel the bail.
3.Criminal Bail Application stands disposed of accordingly.
4.Bail in Ld. Trial Court.
Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.28 17:53:24 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 28.09.2022 Nashik.