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MHNS010031212022
Order below Exh. 1 in Criminal Bail
Application No. 778/2022.
1.

This is an application moved by the applicant/accused Ritesh
Ashok Lalwani under section 439 of the Code of Criminal Procedure in
C.R.No.I­108/2022 registered against accused at Sarkarwada Police
Station for the offence punishable under sections 353, 332, 504 and 427
of the Indian Penal Code and 129/177 of the Motor Vehicle Act.
2.

It is submitted by the accused that he has been falsely
implicated in the present crime. Accused is innocent. Accused is a patient
suffering from frequent episodes of seizures, he has weak mind and ill
person who is on regular medication. Investigation is completed and
nothing to be recovered. False allegations are made that accused took
iron rod from the office of Thane Amaldar to assault another policemen.
He is a young businessman having no criminal antecedents and belongs to
a well known family having good reputation.

Nothing remains to be
discovered and recovered at the instance of accused. He is ready to abide
by the terms and conditions imposed on him. Hence, prayed that bail
application be granted.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused drove his motorcycle without
helmet, when the complainant stopped him at that time accused snatched
the M­Swap Machine from the complainant and threw it on the road due
to which it was damage.

He used filthy language and assaulted the
complainant. When witness Police Naik Waykande gave understanding to
the accused at that time accused took the iron rod which was lying in the
cell of Thane Amaldar and caused injury to the left hand. Accused is
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vindictive tendency and he has assaulted police who was on duty by iron
rod. Statement of important witnesses yet to be recorded. Accused has no
fear of law. Investigation is in progress. Hence, prayed that application be
rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that already MCR is sought of the accused
which reflects that investigation is completed. Nothing is to be recovered.
There is no previous enmity. Investigation is completed, hence, prayed
that bail be granted.
5.

Ld. APP for the state has strongly objected this application on
the ground that accused has assaulted the public servant on duty hence
prayed that application be rejected as there is ample evidence against the
accused.
6.

On perusing the case paper it is seen that offence is registered
on 20.06.2022.

There are contentions in the FIR that accused has
assaulted the complainant as well as police witness Yogesh Waykande.
Investigating officer has not submitted that any recovery has to be made.
Hence, investigation is completed. Offence levelled against the accused
under section 353 of IPC is triable by Sessions Court, however, other
offences are bailable. No purpose would be served to detain the accused
behind bar. Bail is rule jail is exception. Trial will take time. Accused is
resident of Nashik hence he is not likely to flee away. Apprehension of the
prosecution that accused has no fear of law and commit similar type of
offence can be taken care by imposing conditions. Hence, following order
is passed :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Ritesh Ashok Lalwani
involved in
C.R.No.108/2022 registered in Sarkarwada Police Station,
Nashik for the offence punishable under section 353, 332, 504 and
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427 of the Indian Penal Code and 129/177 of the Motor Vehicle Act,
be released on bail on his executing P.R. and S.B. of Rs.15,000/­
(Rupees Fifteen Thousand Only) with one surety.
3.

The accused shall not commit similar type of offence.

4.

The accused shall mark his presence in Sarkarwada Police Station
on every Monday from 11.00 a.m. to 1.00 p.m. once in 15 days till
filing of the charge­sheet and to co­operate Investigating Officer.

5.

The accused shall not tamper with the prosecution evidence or
witnesses.

6.

The accused shall furnish address proof, photo identity
and mobile number of self and their two close relatives.

7.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

8.

Bail before concerned Court.

Nashik.
Date : 23/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.