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Cri.B.A.No.494/22
Order below Exh.1 in Cri. Bail Application No. 494/2022
Raju Ajappa Bere,
..

Applicant/
Accused.

Vs.
The State of Maharashtra
through Police Inspector,
Satpur Police Station, Nashik.
(Cr. No.I 198/2021)
..

Prosecution
Order below Exh.1.
1.

This subsequent application has been filed by the
applicant/accused under section 439 of Cr.P.C. for releasing him on
regular bail in the aforesaid Crime registered at Satpur Police
Station, for the offence punishable under section 395, 412, 427 of IPC
after rejecting his first bail application by this Court on 17.03.2022.
2.

According to the case of the prosecution, the
FIR was
lodged on 10.12.2021 by one Jaydeo Kisan Jadhav, watchman working
at Garge Studio, Belgaon­Dhaga alleging therein that on 10.12.2021,
early morning around 02.30 am, some 8 to 10 unknown persons
entered
the said Studio forcefully, armed with weapons and
committed dacoity. They have threatened the complainant of dire
consequences on the point of weapon similar to Koyata and robbed
bronze sculptures, Idols worth Rs.8,40,000/­.
Based on his report, the offence was registered and
accused was arrested on suspicion on 13.12.2021 and now he is in
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Cri.B.A.No.494/22
judicial custody.

3.

The learned counsel Mr. T.D.Ubale
appearing for the
applicant/accused has argued that the applicant is innocent and has
not committed any offence. His name is not mentioned in the FIR, he
was arrested on suspicion.

During custodial interrogation, nothing
was seized from him and as such, he has no concerned with the
alleged offence. There is delay in lodging the FIR. The applicant has
no history of criminal antecedents.

The muddemal is already
recovered. The applicant is doing labour work and is maintaining his
family.

The other co­accused are already released on bail.

The
charge­sheet is filed and thus his further detention is not required.
Lastly, he prayed for bail to the applicant/accused.

4.

The investigating officer appeared and filed his reply vide
Exh.5 and strongly opposed the application on the ground that
applicant may pressurize the witnesses and may tamper with
evidence, if released on bail. The offence is of serious nature. Some of
the accused are still absconding. During interrogation, the applicant
has not cooperated. If applicant is released on bail, there is every
possibility that he may abscond. Hence, prayed for rejection of the
application.
The ld. APP Smt. R.Y.Jadhav has strongly opposed the
application vide her reply Exh.6 thereby submitting that offence is of
serious nature and he is not entitled to be released on bail. Some of
the accused are still absconding.
bail.

Hence, prayed for rejection of the
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5.

Cri.B.A.No.494/22
After hearing both the sides and going through the papers,
prima facie, it appears that the police have recovered articles from
the Godown of the co­accused. The offence is not punishable with life
or death. As investigation is over and charge­sheet is filed, his further
detention is not necessary. The co­accused are already released on
bail and thus, ground of parity is also available to this applicant.
Considering the nature of offence, there is least possibility of
commencing the trial in future, I am inclined to release the applicant
on bail with stringent conditions. Hence, following order.
Order
1.
Application is hereby allowed.
2.
Applicants/ accused – Raju Ajappa Bere shall be
released on regular
bail on furnishing their P.R.bond of
Rs.25,000/­ with one or more sureties in the like amount, on
the following conditions.:­
He shall ­
(a)
not act in manner injurious to the interest of the
prosecution.
(b)
furnish the address of his residence, copy of Pan
and Adhar card at the time of execution of bond and shall
not change the residence without prior permission of this
Court.
3.
If the applicant/accused commit breach of any of
the above conditions, the bail granted to his shall be
liable to be cancelled.
Digitally
NAIR
SANDHYA
SUNIL
Date : 29.04.2022.

signed by
NAIR
SANDHYA
SUNIL
Date:
2022.04.29
16:57:04 -0600
( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.

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Cri.B.A.No.494/22