CBA No.58 / 2022,
Raman Gaikwad – ACB
Page 1 of 2
Criminal Bail Application No. 581 / 2022
Raman Gaikwad vs. State
MHNS010023272022
Order below Exh.1
(Delivered on this 23rd Day of May, 2022)
This is application for bail U / Sec. 438 of CrPC.

2)
Perused the application (Ex. 1), say of IO (Ex. 8). Heard
Adv. Shri Sujit Borade for applicant and APP Smt. Aparna Patil for
the State.
Allegations :
3)
Applicant Raman Tulshiram Gaikwad, a Police Constable,
is seeking his release on bail in Crime No. 55 of 2022, U / Sec. 7 of
the Prevention of Corruption Act, 1988, registered with Abhona
Police Station, Nashik.
4)
Perusal show that, applicant Raman Gaikwad was trapped
by ACP on 05.05.2022 while accepting bribe of ₹.2,000/-. While, the
applicant was taken for pre-arrest medical examination, his condition
become critical and he he was admitted in the Primary Health Center,
Abhona. On same day (05.05.2022), he was admitted to Apollo
Hospital, Nashik, from where he was discharged on 07.05.2022.
Case of the Applicant / Accused :
5)
It is case of applicant that, he has been falsely implicated in
the Crime. Pre-trap panchnama, trap panchnama and post-trap
panchnama are already over. Thereby, investigation is already over.
Applicant is not required for further investigation. He is already
suffering from various health ailments. He is ready to abide by all
conditions. Hence, he be released on bail.
Objections by Prosecution :
6)
Prosecution opposed the application on ground that, since
07.05.2022, applicant is out of the hospital and is not suffering from
CBA No.58 / 2022,
Raman Gaikwad – ACB
Page 2 of 2
any health ailment. IO is yet to interrogate the applicant. Hence, the
application be rejected.

Conclusion :
7)
Perusal shows that, the trap was successful and the applicant
was caught red-handed. Trap is successful does not mean that, the
investigation is over. In given facts and circumstances, further indepth investigation is required. Record shows that, immediately after
trap of 05.05.2022, applicant was admitted in the hospital. It means,
prosecution never got an opportunity to interrogate and investigate the
applicant / crime. So, no case is made out for anticipatory bail. Hence,
following order.
ORDER
Application (Exh.01) stands rejected.

Nashik
Dated : 23.05.2022
(Vijay S. Hingne)
I / C District Judge 11 &
Additional Sessions Judge, Nashik.

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