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MHNS010038952022
Order below Exh. 1 in Criminal Bail
Application No. 933/2022.
1.
This is an application moved by the applicant/accused Rahul
Sanjay Ture 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 has not committed any
offence. Coaccused has been released on bail. As per the FIR accused has
assaulted the complainant and recovery has been made from him. Hence,
on the ground of parity he is also entitled for bail. Accused has no
connection with the offence. Merely because he is close friend of co
accused he has been falsely implicated. Applicant has not assaulted the
complainant. Nothing remains to be recovered. Complainant has been
discharge immediately which reflects that there is no threat to his life. He
is ready to abide by the terms and conditions. Hence, prayed that bail be
granted.
3.
Say was called of the investigating officer. He has objected
this application on the count that, various offence are registered against
the accused and he is an habitual offender.
He will threaten 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
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assaulting the complainant and injured by sickle. If accused is released on
bail he will not remain present. Hence, prayed that application be
rejected.
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. Accused 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 of weapon has been made
from accused. Case papers also reflects that complainant sustained simple
injury and Rahul Rajput sustained grievous injury on scalp.
5.
It is contended by the Ld. APP that five offence are registered
against the accused. He is an habitual offence. If he is released on bail he
will commit similar type of offence. However, on perusing the say of the
Investigating officer nowhere it is contended by him that accused has been
convicted for any offence. In such circumstance it is no ground to detain
the accused behind bar. Investigating officer has submitted that injured
and complainant are discharge from the Hospital. Accused is in jail since
10.07.2022.
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.
exception.
Bail is rule jail is
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 Sanjay Ture involved in C.R. No.I143/2022 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
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S.B. of Rs.25,000/ (Rupees Twenty Five 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 and Friday 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.
7]
In case of breach of the conditions, the respondent is at liberty to
apply for cancellation of bail.
Nashik.
Date : 29/07/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.