CNR No. MHNS010044102022
Order below Exh.1 in Cri. Bail Application No.1034/2022.
( Ratan Tulshiram Chaudhary and other Vs. State )
This anticipatory bail application is moved by the
applicantaccused No.1 Ratan Tulshiram Chaudhary, No.2 Mangalu
Chiliya Dhoom and No.3 Laxman Sitaram Bhoya, under section
438 of the Code of Criminal Procedure (hereinafter referred to as
“Cr.P.C.” for short) in connection with CR No.49/2018 registered
with Peith Police Station, Dist. Nashik for the offence U/s.
420,406,465,467,468,471,120B,201 r/w sec.34 of the Indian Penal
Code (hereinafter referred to as “IPC” for short) and section 3 and
4 of the MPID on 25.9.2018.
2.
It is stated in the application that, the applicants
accused are member of the institution and they have not accepted
any amount nor any amount kept on their name. They have no
connection with the alleged misappropriation. They have not
committed any offence. They are ready to abide any condition
imposed by the Court. Hence, prayed to grant anticipatory bail.
3.
Heard both parties. I.O. is also present. He fairly
submitted that there is no need of custodial interrogation with the
applicantsaccused.
5.
Perused the record. Already the chargesheet bearing
Spl. Case No.20/2022 filed in the Court against remaining accused.
These applicantsaccused are absconded and not traced out during
that period. Their names are mentioned in the chargesheet. Some
of the accused are already released on bail. As on today nothing is
outstanding against this applicantsaccused. Considering the fact
that the other accused were released on bail by this court, I am of
the opinion that this is a fit case in which the applicantaccused can
be released on anticipatory bail. With this, I proceed to pass
following order.
ORDER
1.
1.
Application is allowed.
In the event of arrest of Applicantaccused No.1 Ratan
Tulshiram Chaudhary, No.2 Mangalu Chiliya Dhoom and
No.3 Laxman Sitaram Bhoya in connection with CR
No.49/2018 registered with Peith Police Station, Dist.
Nashik for the offence U/s. 420,406,465,467,468,471,120B,
2.
3.
4.
201 r/w sec.34 of the Indian Penal Code and section 3 and 4
of the MPID, be released on prearrest bail on their executing
P.R. bond of Rs.30,000/ each with one or two sureties in like
amount.
They shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as dissuade them for disclosing such facts to the Court or
to any police officer.
They shall attend the concerned police station i.e. Crime Branch,
Head Quarter (Rural), Nashik on every Monday and Saturday in
between 11.00 a.m. to 2.00 p.m. till 31 st January, 2023 and co
operate in investigation.
They shall furnish their address proof, identification proof and
mobile number, if any, and shall not change their residential
address without informing Investigating Officer.
SHINDE
MADHAV A
Date: 23/11/2022.
Digitally signed by
SHINDE MADHAV A
Date: 2022.11.24
11:38:52 +0530
( M. A. Shinde )
Additional Sessions Judge9,
Nashik.