CNR
MHNS010035682022
Order below Exh.1
in Cri. Bail Application No.882/2022.
( Ramdas Bhaskar Gavhane and others Vs State)
This anticipatory bail application is moved by the
applicants­accused No.1) Ramdas Bhaskar Gavhane, No.2) Sham
Bhaskar Gavhane, No.3) Mahesh Kacharu Gavhane under section 438
of the Criminal Procedure Code for grant of bail in connection with CR
No.131/2022 registered with Ghoti Police Station for the offence under
section 323, 326,427,504,506 r/w sec.34 of the Indian Penal Code, in
the event of arrest in connection with above referred crime.
2.

It is stated in the application that, as per allegation on
7.6.2022 at about 8.00 p.m. informant Eknath Vithoba Gavhane was
travelling to his home from Ghoti­Kanchangaon road when suddenly a
truck was driving rash and negligently, the truck was stopped and
confronted the truck driver to drive cautiously, thereafter truck driver
called the owners of truck, who come to the spot and started abusing
the first informant. The applicants­accused beat him up with a wooden
stick on his right hand and left leg, who sustained fracture injuries.
Three persons namely Bala Gavhane, Bhaskar Vavhane and Yogesh
Gavhane came to rescue and took to hospital and while first informant
was being taken to hospital, applicants­accused allegedly hit the
informant’s car with their car.
It is stated that the applicants­accused are innocent and have not
committed any offence. The alleged FIR is filed after 5 days of the
incident. Initially Ramdas Bhaskar Gavhane filed CR No. 127/2022 on
9.6.2022 as he was hospitalized. First informant in CR No.131/2022
sustained injuries while he was being assaulted and fell in a cavity on
the land where Ramdas Gavhane was being assaulted in CR
..2..

No.127/2022. First informant in CR No.131/2022 was taken to the
hospital at Igatpuri and MLC No.194/2022 was registered. The FIR was
lodged with the police station and a statement was made that the
patient Eknath Gavhane was pushed from a height at about 10.00 pm.
to 10.30 p.m. at Kanchangaon. Eknath changed his complete stand
after 5 days when he arrived to police station to record his complaint
and come with complete different version which was false. None of the
injuries which occurred to the first informant in the CR No.131/2022
occurred on account of the assault by the stick, which is false and
concocted case to give counter blast to the complaint filed by applicant­
accused Ramdas Gavhane. The injured Eknath was discharged long
back from the hospital, there is no question of recovery. The
antecedents of the applicants­accused are clean. They are ready to
abide by the conditions that may be laid down by this Court and are
ready to co­operate with police machinery, these and other grounds set
out in the application, present application is moved for anticipatory
bail.
3.

Application is opposed by the prosecution and submitted
that the grievous injury is inflected to the first informant by the
applicants­accused and absconded till this date and their presence is
required for custodial interrogation.
4.

Heard learned counsel Shri. Sachin Bhate for applicants­
accused and submitted that the applicants­accused are falsely
implicated in present case. Initially CR No.127/2022 is also registered
against the other side arising out of the same incident to the give
counter blast CR No.131/2022 was filed with different facts of MLC
No.194/2022. He further submitted that the applicants­accused are
local residents and will attend the police station as and when required
Cri. Bail Application No.882/2022.
..3..

and hence prayed to grant anticipatory bail to the applicants­accused.
5.

The learned APP Shri. Suryavanshi objected the application
stating that injuries are grievous. Investigation is in progress and at this
stage it would not be proper to grant anticipatory bail to the
applicants­accused, who absconded till now. Hence, prayed to reject
the same.
6.

Today, I.O. ASI More is present and submitted that the
weapon i.e. stick used in commission of offence yet to be seized.
Applicants­accused are absconded. The first informant­injured and
applicants­accused are residents of same village and if they are
released on bail, again they may commit offence. Therefore, custodial
interrogation in the matter is necessary.
7.

On perusal of the entire record it appears that police have
registered CR No.127/2022 and CR No. 131/2022 in connection with
the incident of assault occurred on 7.6.2022. However, the I.O. who is
present has submitted that the printed FIR wrongly mentioned the CR
No.131/2022, in fact it is CR No.77/2022 and counter CR No. 74/2022
is registered in the police station. His general diary details also
mentioned Cr No.77/2022. The original FIR on the basis of which PSO,
Ghoti Police Station registered CR No.77/2022. Therefore, this
application is decided on the basis of case diary submitted by the I.O.
On perusal of the record it appears that there is free fight between the
parties and members of both the parties are injured and weapons are
used by both sides. This court has rejected the anticipatory bail
application No.757/2022 and 765/2022 filed by the Yogesh Gavhane
and Bhaskar Gavhane arising out of same incident on 12.7.2022. The
injured has sustained fractured injuries. In the case in hand also the
..4..

weapons used in the crime are to be recovered. No case for grant of
anticipatory bail is made out, so far as alleged improvement in the
prosecution story can be tackled at its proper stage of the trial. At this
stage, it need not to be taken into consideration and I.O. is required to
be given sufficient opportunity to interrogate the applicant­accused and
weapons used in the crime are to be recovered and therefore, custodial
interrogation of the applicants­accused is necessary. Hence, following
order is passed.
ORDER
1)
Anticipatory Bail Application No.882/2022 is hereby rejected.

2)
Inform the concerned police station accordingly.

SHINDE
MADHAV
A
Date­26.07.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.26
18:29:01 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.