1
MHNS010037002022
Order below Exh. 1 in Criminal Bail
Application No. 913/2022.
1.
This is an application moved by the applicant/accused Rahul
Rajendra Nirbhavane under section 439 of the Code of Criminal Procedure
in C.R.No.I143/2022 registered against accused at Gangapur Police
Station for the offence punishable under sections 326, 323, 504, 506 r/w
section 34 of the Indian Penal Code and section 135 of the Maharashtra
Police Act.
2.
It is submitted by the accused that he is innocent and has no
concern with the offence. Police has sought MCR of the accused as they
did not require his custody. He has been falsely implicated. Weapon is
already recovered from coaccused. Remand report reflects that there are
no blood stains on the weapon either of the complainant or accused.
There is delay in lodging the FIR even though Gangapur Police station is at
a distance of 3 minutes. Simple injury sustained by the complainant. He
is out of danger. Offences are triable by JMFC.
Hence, Accused be
released on bail.
3.
Say was called of the investigating officer. He has objected
this application on the count that, he will pressurize the witnesses.
Injured has sustained grievous injury. Though he has been treated yet he
is bedridden.
Weapon is recovered from accused no. 1. CCTV footage
has been seized which reflects that both the accused were assaulting the
complainant and injured by sickle. If accused is released on bail he will
not remain present. Hence, prayed that application be rejected.
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4.
Heard Ld. APP and Ld. Advocate for accused in detail. It is
seen from the FIR that incident has occurred on 09.07.2022 while
delivering water. Rahul Ture took sickle and assaulted Gajendra Mahor
on his head and Rahul Rajput. Both of them assaulted them by sickle and
fist and kick blows. It is seen that already recovery has been made from
Rahul Ture. Case papers also reflects that complainant sustained simple
injury and Rahul Rajput sustained grievous injury. Investigating officer
submitted that injured and complainant are discharge from the Hospital.
Nothing remains to be recovered from the accused. Practically
investigation is completed. Trial will take time. Accused is resident of
Nashik so his presence can be secured.
Bail is rule jail is exception.
Apprehension of investigating officer can be taken care by imposing
certain conditions. Hence, I proceed to pass following order :
ORDER
1]
The application is hereby allowed.
2]
The accused Rahul Rajendra Nirbhavane involved in C.R. No.I
143/202 २ of Gangapur Police Station for the offence punishable under
sections 326, 323, 504, 506 r/w section 34 of the Indian Penal Code and
section 135 of the Maharashtra Police Act, be released on bail on his
executing P.R. and S.B. of Rs.20,000/ (Rupees Twenty Thousand Only)
with one or two sureties in the like amount.
3]
The accused shall mark his presence in Gangapur Police Station on
every Monday from 11.00 a.m. to 1.00 p.m. till filing of the chargesheet
and to cooperate investigating Officer.
4]
The accused shall not tamper with the prosecution evidence or
witnesses.
5]
The accused shall not commit similar type of offence.
6]
The accused shall furnish address proof, photo identity and mobile
number of self and his two close relatives.
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7]
In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.
Nashik.
Date : 22/07/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.