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Cri. Bail Appln. No.667/22
IN THE COURT OF ADDL. SESSIONS JUDGE (COURT NO.11)
NASHIK
Criminal Bail Application No.667 of 2022
Raman Tulshiram Gaikwad
Age 48 yrs., Occ: Service
R/o. Pakharun, Pankheda
Tal. Dist. Dhule
…Applicant
V/s.
The State of Maharashtra
Through Police Inspector,
Abhona Police Station.
(Cr. No.55/2022)
…Opponent
ORDER ON EXH.NO.1
1.

The applicant/accused has filed this application for grant of
bail under section 439 of the Cr.P.C. in Crime No.55 of 2022 of Abhona
Police Station for the offence punishable under section 7 of the
Prevention of Corruption Act 1988.
2.

The facts in brief of the case are as under:
The defacto complainant has lodged complaint at ACB
Nashik alleging that the applicant has made a demand of bribe of
Rs.2,000/­ from him. Lateron, ACB officers conducted the raid and
after pretrap panchanama, trap panchnama and post trap panchanama
filed complaint against the applicant alleging that he was arrested while
accepting Rs.2,000/­ as a bribe amount from the defacto complaint.
Hence, the report
3.

The applicant has sought bail by this application on the
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Cri. Bail Appln. No.667/22
ground that the investigation is practically over. The applicant is
suffering from several ailments. His brain surgery was conducted and so
he requires continious medications. His detention in judicial custody is
not required. Hence, by imposing necessary conditions, he be released
on bail. He will co­operate in the investigation and will abide the
conditions of bail if any, imposed on him.
4.

The Ld. APP and I.O. have contested this application by
filing pursis and say vide Exh. 3 and 4. It is contended that the offence
is serious in nature. If the applicant is released on bail, he may
pressurize the witnesses and complainant.

So it is prayed that the
application be rejected.
5.

Heard Ld. Adv. Mr. Borade for the applicant. He argued
that he is suffering from sever ailments and prior to 5 to 6 months of
the raid his brain surgery is conducted and so he needs continues
medication. Investigation is practically completed and so his presence is
not essential. So it is argued that considering his medical grounds he be
released on bail. Per contra Ld. APP Smt. Patil argued that offence is
serious in nature, and so if applicant is released on bail, he may
pressurize the witnesses and complainant.

So it is prayed that the
application be rejected.
6.

On consideration of rival submissions, it is observed that
most of the investigation in the present matter is already done, as pre­
trap panchnama, trap panchnama and post trap panchanama is already
prepared. It is also brought on record by the I.O. that the voice samples
of the applicant are already taken. So technically investigation is at fag
end.

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7.

Cri. Bail Appln. No.667/22
The applicant has filed several documents alongwith this
application which shows that recently he has undergone brain surgery
and he is suffering from several ailments. It is also admitted fact that
prior to the arrest of the applicant in this matter he was hospitalized
due to his health issues. So it can be gathered that the applicant is
under continuous medication.
8.

The prosecution has resisted this application mainly on the
ground that he is likely to tamper with the witnesses will not co­operate
in the investigation. However, this apprehension has no base, whereas
certain conditions can be imposed on the applicant and for the same he
cannot be detained in custody. So for the aforestated reasons
considering the medical history of the applicant, I held that it will be
justified to consider his request by imposing necessary conditions on
him. So I proceed to pass following order.
ORDER
1.

The application is allowed.

2.

Applicant/accused Raman Tulashiram Gaikwad be
released on bail on his executing personal bond & surety
bond of Rs.20,000/­ with one or two sureties in Crime
No.55 of 2022 of Abhona Police Station for the offence
punishable under sections 7 of the Prevention of Corruption
Act subject to following conditions.

i
He shall make himself available with the I.O. as and when
called by him and to co­operate him in the investigation.

ii.

He shall not abscond or tamper with the witnesses.

iii.

He shall furnish his correct address proof along with the
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Cri. Bail Appln. No.667/22
address proof of his two near relatives for his release on
bail.
iv.

He shall attend the ACB office on every Monday between
11.00 a.m. to 2.00 p.m. till filing of charge­sheet.

v.

In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.
RADHIKA
MADHUKAR
SHINDE
Date:­ 03/06/2022
Nashik.

Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.06.03
17:54:27
+0530
(R.M, Shinde)
Additional Sessions Judge,
(Court No.11) Nashik.