MHNS010056392022
Order below Exh.1 in Criminal Bail
Application No.1348/2022.
1.

This is an application preferred by applicant Imran Rashid
Khan Inamdar for bail under section 439 of Cr.P.C. in C.R. No. I­157/2022
registered in Indira Nagar Police Station, Nashik for the offence
punishable under section 328, 389, 419, 420, 392 r/w section 34 of the
Indian Penal Code.
2.

It is submitted by the accused that the age of complainant is
33 years old and he is doing garage work in Nashik. Complainant is well
known person in Nashik but he did not tell about the incident for fifteen
days. It is not believable that complainant was administered stupefying
substance and his naked photograph were taken. It is impossible that
money has been extracted from the complainant. There is no role
attributed to the present applicant.

No weapon has been seized.

Whatever on­line transfer has been made it cannot be said that accused is
involved in the same. There is delay of 14 days in lodging the report.
There is no direct evidence. Hence, prayed that application be granted.
3.

Say was called of the investigating officer. He has objected
this application on the count that, offence is serious in nature. He has not
cooperated with the investigation. If accused is released on bail he will
tamper with the evidence and threatened the witnesses. Till date four
women wanted accused are yet to be found and if accused is released on
bail he will make the other accused abscond. Hence, prayed that
application be rejected.

4.

Heard Ld. APP and Ld. Advocate for accused in detail.

Advocate for the accused submitted that it is highly improbable that
complainant did not get smell or different test when he consumed the
water. There is delay of 14 days in lodging the FIR. On suspicion he has
been arrested.

Offence are not attracted hence prayed that bail be
granted. Ld. APP has objected this application that present accused is the
main accused who has committed serious offence whereby he was trying
to involve the complainant for the offence which he has not committed.
Hence, prayed that bail be rejected.
5.

Advocate for the accused has submitted that charge­sheet has
been filed hence he is entitled for bail as no further investigation is to be
done. However, it is settled preposition that mere filing of charge­sheet is
no change in circumstances. In the earlier bail application grounds stated
by the accused have been already dealt. The role attributed to the present
accused is more grievous as on perusing the FIR it is seen that serious
allegations has been made against the accused. Charge­sheet reflects that
opinion of FSL has been sought which is yet to be received as well as
money has been transferred to the account of the present accused from the
account of the complainant on the date of incident. Complainant has also
filed documents to reflect that he was taking treatment.

Prima facie
involvement of the accused is reflected. Hence, I am not inclined to release
the accused. Therefore, I proceed to pass following order.
ORDER
Application is hereby rejected.
Sd/-xxx
Nashik.
Date : 25/11/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.