CNR No. MHNS010031232022
Order below Exh.1 in Cri. Bail Application No. 780/2022.
( Rais Khan @ Pathan Raiskhan Hamidkhan and anr. Vs. State )
This application is moved by the applicants­accused
No.1 Rais Khan @ Pathan Raiskhan Hamidkhan and No.2 Shahid
Sheth @ Sahid Khan Hamidkhan Pathan under section 438 of
Cr.P.C. in connection with CR No. 77/2022 registered with Abhona
Police Station, Dist. Nashik for the offence U/s. 328, 272, 273, 188,
r/w 34 of the Indian Penal Code on 15.6.2022.
2.

It is the case of the prosecution that the prosecution
have apprehend the truck carrying prohibited Pan Masala/Gutkha
transported by the truck. The accused was arrested on the spot
alongwith truck and muddemal property was seized by the police.
Applicants­accused who are from Dang District, Gujrath State are
named in the present crime. The applicants­accused sought
anticipatory bail on the ground that the muddemal property is
already seized and applicants­accused are merchants in Gujrath
State and even if accepted FIR, no offence under section 328 of IPC
is made out, these and other grounds set out in the application,
prayed for anticipatory bail.
3.

State has filed report and objected the application that
the accused No.2 and 3 are absconding since registration of the
crime. The transportation of Gutkha is prohibited in Maharashtra
State and the investigating machinery seized Vimal Gutkha worth
Rs.12,55,000/­ and therefore, the police wants the interrogation
with present applicants­accused, who helped the accused No.1 who
transported the said Vimal Gutkha from Gujrath State upto
Maharashtra State in a vehicle No. GJ­30­T­0407, these and other
..2..

grounds set out in the report, police prayed to reject the
anticipatory bail application.
4.

I.O. is present. Heard both the parties. Perused the
record. As stated above the muddemal property is already seized.
So far as investigation in respect of the present offence with
applicants­accused is concerned, necessary conditions can be laid
down. No custodial interrogation is required. Therefore, the
present anticipatory bail application can be allowed with certain
conditions. In the result, following order is passed.
ORDER
1)
Anticipatory bail application No.780/2022 is hereby
allowed.

2)
Applicants­accused No.1 Rais Khan @ Pathan Raiskhan
Hamidkhan and No.2 Shahid Sheth @ Sahid Khan
Hamidkhan Pathan be enlarged on bail on executing
personal bond of Rs.30,000/­ each with one or two sureties
in like amount, in the event of their arrest, in connection
with CR No. 77/2022 registered with Abhona Police
Station, Dist. Nashik for the offence U/s. 328, 272, 273,
188, r/w 34 of the Indian Penal Code.

3)
They shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts
of the case so as dissuade them for disclosing such facts to
the Court or to any police officer.

4)
They shall attend concerned police station on every
Monday and Thursday in between 11.00 a.m. to 2.00 p.m.
at Abhona Police Station, till filing of the charge­sheet.

5)
They shall not influence the prosecution witnesses or
tamper with the evidence.

6)
They shall co­operate with the investigation agency.

7)
They shall furnish their address proof aadhar card of their
two near relatives alongwith mobile numbers.

Cri. Bail Application No.780/2022.
..3..

8)
Inform Abhona Police station, Dist. Nashik.

Date­ 27.06.2022
SHINDE
MADHAV
A
Digitally signed by
SHINDE MADHAV
A
Date: 2022.06.27
18:11:05 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.