CNR. MHNS010012362022

Order below Exh.1 in Cri. Bail Application No.367/2022.

[ Ramesh Veduji Kamodkar Vs. State ]

This is a first bail application moved by the applicantaccused Ramesh Veduji Kamodkar for releasing him on bail under section 439 of Cr.P.C., in connection with CR No.876/2021 registered with Trimbkeshwar Police Station for the offence U/sec. 307 r.w.s.34 of Indian Penal Code, registered on 19.11.2021. Applicant­accused was arrested on 10.12.2021 and after police custody time to time, he was remanded to MCR and since then he is in jail.

2.It is stated in the application that, applicant­accused is no way connected in commission of present crime. There is no active role in commission of present crime. He was not present on the spot.

It is stated that now the charge­sheet is filed in the court bearing RCC No.263/2022. Applicant­accused is ready to abide all conditions laid down by this court. Hence, prayed to grant bail on the grounds setout in the application.

3.Application is strongly opposed by the State by filing say/report and submitted that, the role of the applicant­accused is that, he is involved in criminal conspiracy with accused No.2 and taking into confidence to the accused No.3 and 4 of promising to pay Rs.60,000/­ each and also pay Rs.25,000/­ as an advance and also made available a motorcycle to commit deadly assault on first informant. The investigation though completed, however, the injured has suffered multiple grievous injuries, which shows the intention on the part of the accused persons that they want to brutally murder the first informant. It was pre­planed and cold blooded crime. Hence, prayed to reject the application.

4.Perused the record. Heard, both sides. Learned counsel Shri. R.M. Khandare for the applicant­accused submitted that no active role is described of the present applicant­accused in the present crime. He has been falsely implicated with other accused. There is no evidence against him to implicate him in present crime. He further submitted that injured is discharged from the hospital and investigation is completed and charge­sheet is filed in the court. He is ready to abide all conditions laid down by this Court. Hence, prayed to allow the application.

5.The learned APP Shri. Suryavanshi objected the application and argued that applicant­accused has played vital role as he had engaged the other accused on payment of money and carried out his plan and commission of the said offence. Hence, prayed to reject the application.

6.On perusal of the entire charge­sheet placed before me, it is revealed that the present applicant­accused is the master mind behind the said cold blooded serious attack on the injured. The statement of witness Asif Iqbal Shaikh pointed out that, the present accused had instigated this witness to attack on the first informant, however, he refused the same. Thus, this is sufficient evidence against the applicant­accused that, he had committed conspiracy alongwith other accused to commit the present crime and consequently the serious attack had taken place on the first informant. Therefore, considering the role played by the present applicant­accused even though the charge­sheet is filed no case for bail is made out. Hence, following order is passed.

Cri. Bail Application No.367/2022 .

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O R D E R
1) Bail application No.367/2022 is hereby rejected.

2) Inform concerned police station.

Digitally signed by SHINDE SHINDE MADHAV A MADHAV A Date: 2022.04.08 18:01:49 +0530 ( M. A. Shinde ) Date­ 08.04.2022 Additional Sessions Judge­ 8, Nashik.