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MHNS010055532022
Order below Exh. 1 in Criminal Bail
Application No. 1324/2022.
1.

This is an application preferred by accused/applicant
Rohan @ Monu Ramprasad Sharma for bail under section 439 of
Cr.P.C. in C.R. No. I­252/2022 registered in Upnagar Police Station,
Nashik for the offence punishable under sections
394, 397 r/w
section 34 of the Indian Penal Code.
2.

It is submitted by the accused that accused is resident of
the address. FIR was registered against the unknown person.
Accused has been apprehended on suspicion. There is delay in
lodging FIR for which no justified reason has been stated. He has not
committed the offence. Co­accused Manoj Kishor Gumbade has been
released on bail. Offence u/s. 397 has been added to aggravate the
offence so as to decline bail. Nothing has to be recovered. He is ready
to abide by the terms and conditions. Hence, prayed that application
is granted.
3.

Say was called of the investigating officer. He has
objected this application on the count that, present accused
alongwith co­accused obstructed the complainant and snatched the
cash and mobile. If accused is released on bail he will threaten the
witnesses. Co­accused is absconding. If accused released on bail he
will not remain present for the trial. Charge­sheet is yet to be filed.

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Hence, prayed that application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is
submitted by the Advocate for the accused that FIR has been lodged
against unknown person. Already weapon has been recovered from
Juvenile offender. Nothing has to be recovered from the accused. Co­
accused has been released on bail. Hence, prayed that bail be
granted. On the other hand Ld. APP objected this application on the
count that accused is resident of Uttar­Pradesh. Absconding accused
is yet to be apprehended. Hence, prayed that application be rejected.
5.

On considering the FIR it is seen that accused persons
have snatched the mobile and cash of the complainant and was
assaulted by knife. It is seen that already recovery has been made of
mobile and some cash amount from the present accused. Medical
certificate reflects that there is CLW on lower back with history of
accident fall on metal sheet. It appears that he was not admitted in
the hospital and complaint was lodged on the next day on
28/09/2022. Doctor has not opined whether the nature of injury is
grievous or simple. Complainant while stating the history of assault
to the Medical Officer does not state that he has been assaulted but it
reflects that he fallen on metal sheet. Considering the above facts it is
seen that recovery is already made from the present accused.
Weapon has been recovered from Juvenile offender. Accused is in jail
since 29/09/2022. Trial will take time. Merely because co­accused
has to be apprehend is no ground to detain the present accused. Bail
is rule. Presence of the accused can be secured. Co­accused has been
granted bail hence on the ground of parity present accused is also
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entitled for bail. Apprehension of the I.O can be taken care by
imposing stringent conditions. Hence, I pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Rohan @ Monu Ramprasad Sharma
involved
in C.R.No. I­252/2022 registered in Upnagar Police
Station, Nashik for the offence punishable under section 394, 397
r/w section 34 of the Indian Penal Code, be released on bail on his
executing P.B. and S.B. of Rs.30,000/­ (Rupees Thirty Thousand
Only) with one or two sureties of like amount.
3.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the fact
of the case so as to dissuade him from disclosing such fact to the
Court or Police Officer.
4.

The accused shall mark his presence in Upnagar Police Station
on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing
of the charge­sheet and to co­operate investigating Officer.
5.

The accused shall not commit similar type of offence.

6.

The accused shall furnish his address proof, photo identity and
mobile number of self and his two close relatives. In case of change
of address he shall inform the I.O. about the same.
7.

In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
8.

Bail before trial Court.
Sd/­xxx
Nashik.
Date : 05/11/2022.

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