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Criminal Bail Application No.559 of 2022
MHNS010022812022
CRIMINAL BAIL APPLICATION NO.559/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE­11
NASHIK AT NASHIK.
Ramesh Devaji Pawar
Age 27 yrs. Occ: Agri.
Both r/o. Mokpada,
Post Alangun, Tal.Surgana,
Dist. Nashik.

..Applicants/accused
V/s.
State of Maharashtra
Through P.I. Vani Police
Station
(CR No. 84 of 2022)
..Opponent
ORDER BELOW EXH.1
1.

The present application was initially filed by 3 applicants.

However, due to some urgency application was decided against the
applicant no.1 by the incharge Sessions Court by order dated
20/05/2022. Lateron, the application against the applicant No.3 is not
pressed by her advocate due to some technical issues. Hence, now this
application is only pending against applicant no.2 Ramesh Devaji
Pawar.
2.

The applicant/accused has filed this application for grant of
bail U/s.439 of the Cr.P.C. in Crime No.84/2022 of Vani Police Station
for the offence punishable U/s.399 of the Indian Penal Code.

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3.

Criminal Bail Application No.559 of 2022
The case of the prosecution is that on 29/04/2022 at about
23.10 hrs. the present applicant alongwith other 6 accused was found
at Khirad phata on Saputara to Vani road in 3 vehicles, wherein screw
driver, iron rod, nylon ropes, pepper sprays, cash amount, mobiles,
number plates of vehicles, golden coloured biscuits and coins etc. i.e.
total 32 articles were found from their possession, with the help of
which they had made preparation to commit dacoity. Hence, the report.
4.

The applicant has filed this bail application on the ground
that he is falsely implicated in the offence. Nothing incriminating is
seized from him. Prima facie there is nothing on record to show that the
present applicant alongwith others had assembled with intention in
order to commit dacoity. Moreover, there is nothing on record from
which it can be said that the applicant and others had been to commit
dacoity. The offence registered under Section 399 of IPC is not prima
facie made out. The applicant is arrested only on suspicion without any
involvement in the offence. The allegations against him are vague. he is
permanently residing at Nashik with his family, he has no criminal
antecedents. No purpose will be served by keeping him behinds the bar.
So it is prayed that he be released on bail.
5.

The APP and I.O. have contested this bail application by
filing pursis and say vide Exh.6 and 7. It is contended that the offence
charged against the applicant/accused is serious in nature. There is
huge recovery from the applicant which shows that he had made
preparation to commit dacoity. The investigation is in progress. The
ownership of the vehicles seized in the crime is yet to be traced out.
Moreover considering the gravity of the offence and the material seized
from them, if he is released on bail he is likely to commit similar
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Criminal Bail Application No.559 of 2022
offences. He is likeli to pressurize the witnesses. So it is prayed that
application be rejected.
6.

Heard Ld. Advocates for applicants. She argued that
Section 399 of IPC is not prima facie made out. There is no discovery at
the hands of the present applicant during custodial interrogation. He is
falsely implicated in the offence. So it is argued that applicants be
released on bail.
7.

Per contra, Ld. APP Ms. Patil argued that huge articles are
recovered from the custody of the present applicant and other co­
accused. The golden colour coins, biscuits, pepper spray etc. seized from
their custody itself prima facie shows that, they intended to commit
dacoity by alluring persons. Moreover, some number plates were also
found from the seized vehicles which shows the modus operendi and
their preparation for committing the offence of dacoity. So considering
the gravity of the offence and the mudemal seized from the custody of
the applicants, it is argued that the application be rejected.
8.

Considered the submissions. Gone through the FIR. It is
alleged in the FIR that the present applicants and other co­accused were
caught when they had made preparation to commit dacoity. The say of
I.O. shows that, in all 32 articles were seized from the applicants and
other co­accused. In this articles nearabout 750 golden coins and 99
golden colour biscuits were seized from the vehicles in which the
present applicant and other co accused were found. Also cash amount
was seized from the said vehicle. At this stage no explanation
whatsoever regarding possession of the same has come on record from
the applicant. Not only the same 4 number plates of the vehicles were
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Criminal Bail Application No.559 of 2022
also seized from the said vehicles. Besides the same the vehicles which
were seized from the spot were bearing fabricated registration number.
All these prima facie shows that the applicants alongwith co­accused
had made preparation for committing dacoity.
9.

At this state there is sufficient prima facie evidence against
the applicants to show their involvement in the offence. The
investigation is at initial stage. The ownership of the seized vehicle is
yet to be traced out. Moreover, from where the golden colour coins and
biscuits were prepared has not come on record. The offence is serious
in nature and considering the recovery apprehension of prosecution that
they might commit similar offence is justified at this stage. Hence for
aforestated grounds, at this initial stage it will not justified to released
the applicants on bail. Accordingly I proceed to pass the following
order.
ORDER
The application is rejected.
RADHIKA
MADHUKAR
SHINDE
Date :­ 31/05/2022
Nashik
Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.06.02
17:18:23
+0530
(Smt. R.M. Shinde)
Additional Sessions Judge,.
(Court No.11) Nashik.