Cri. Bail Appln. No.561 of 2022 (Or. Exh.1)
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IN THE OURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.561 of 2022
CNR No.MHNS010022852022
Ramdas Chandu Shinde @ Ram
Age : 21 Years, Occu.: Education
R/o : LIC Society, Indira Nagar
Zopadpatti, Panchasheel Nagar,
Agar­Takli, Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – P.I. Upnagar Police
Station (CR No.I­18/2022)
… Respondent/State.

Appearance :
Ld. Adv. Shri. A. K. Chandgude for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
ORDER BELOW EXH. No.1
(Delivered on 07th June, 2022)
1.

This is an application filed under Section 439 of Criminal
Procedure Code for grant of regular bail in C.R. No.I­18/2022 registered
with the respondent/Upnagar Police Station for an offence punishable
under 302, 326 and 324 r/w 34 of the Indian Penal Code.
2.

Perusal of the F.I.R. reflects that, the incident occurred on
22.01.2022 when the deceased was going by walking to his place from
Smata Nagar public toilet, Agar­Takli. At that time, applicant and other
Cri. Bail Appln. No.561 of 2022 (Or. Exh.1)
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two accused persons abused the deceased and assaulted him by paver
block on his head and other parts of the body. Because of that, the
deceased fell down. The son of deceased went to call his grand­mother
and his other relatives. They came on the spot and with the help people
gathered over there, took the deceased to the Civil Hospital and while
his treatment was going on, he succumbed to his injury. The applicant
and the other accused persons ran away from the spot. The matter came
to be recorded to the Police.
3.

It is the case of the applicant that, he is innocent and falsely
implicated in this case. As per the allegations, his role is that he caught
hold the deceased. The accused No.1 is the main accused, who had
assaulted the deceased on his head by paver block. The investigation is
over. Charge­sheet is filed in the Court. No purpose will be served in
keeping the applicant behind the bar. Therefore, prayed to allow the
application on any terms.
4.

Respondent filed their say vide Exh.5 and strongly objected
on the ground that, there is sufficient evidence on record and the role of
the applicant is specifically mentioned in the statements of the
witnesses. There is an eye witness i.e. son of the deceased and other
witnesses. There are criminal antecedents against the applicant. If the
applicant is enlarged on bail, he may threaten the complainant and the
witnesses. Therefore, prayed to turn down the application.
5.

Heard Ld. Advocate for applicant and Ld. A.P.P. for State.

Gone through the copy of Charge­sheet produced for inspection by Ld.
Advocate for applicant/accused No.3.

Cri. Bail Appln. No.561 of 2022 (Or. Exh.1)
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6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the investigation is over and the
Charge­sheet is filed in the Court. The offence alleged is serious in
nature. It is the allegation that the applicant and accused No.2 caught
hold the deceased and accused No.1 assaulted the deceased on his
head, which is the vital part by paver block and the deceased fell down
and was injured. He was removed to the Hospital. The role is attributed
by the prosecution to this applicant is that he caught hold the deceased,
while accused No.1 was assaulting the deceased. As far as, the criminal
antecedents are concerned, the authority relied by Ld. Advocate for the
applicant i.e. Maulana Mohd. Amir Rashadi v/s State of U.P. & Anr.
In this case, Their Lordships held that, when the applicant is entitle for
bail, it is not necessary to consider the criminal antecedents. It is true
that criminal antecedents can not come in the way, when the applicant
is entitle for bail. But our case in hand, the applicant is not entitle to be
enlarged on bail because the offence is of serious nature and there are
eye witness to the incident and there is direct involvement of the
applicant alongwith other accused persons in the said Crime. In the
result, the application fails. Hence, the order.
ORDER
Criminal Bail Application No.561 of 2022
stands rejected and disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 07/06/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.06.07
18:19:19 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.