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Cri.B.A.No.1044/2022
Order below Exh.01 in Cri.B.A.No.1044/2022
CNR No.MHNS010044812022
(Rohan Sanjay Bhole vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with CR.No.I­215/2022 registered
with Nashik road police station for the offence punishable under
Sec.380, 454 of IPC, on the basis of FIR lodged by Sau.Suchita
Ramchandra Kamble.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant was not present on the date, time and place of alleged
incident and has no concerned with incident. There is delay in
lodging FIR. The house search of applicant is carried out by Crime
Branch and Upanagar police station and nothing incriminating is
found. Nothing is to be recovered or discovered at the instance of
the applicant. The applicant shall co­operate with Investigation
Officer. He shall not interfere with investigation. On these main
grounds and others has prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that as per accused no.1 i.e. Rishikesh Kale, the present
applicant was accompanying him when they robbed. The entire
booty is with the present applicant. He is the prime accused. There
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Cri.B.A.No.1044/2022
are 12 offences pending against him. The vehicle used in crime is to
be seized. That the applicant will tamper with the prosecution
evidence. On these main grounds and others have prayed for
rejection of the bail application.

4.

Heard Ld. Advocate Mr.Y.R.Wagh for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Nashik Road police station.

5.

Ld.Adv.Mr.Wagh reiterated the grounds mentioned in
the bail application and in addition, placed on record eight
Judgments disclosing acquittal of the applicant. Per contra Ld.APP
Mr.Kotwal reiterated all the grounds mentioned in the say filed by
Nashik Road police station.

6.

On perusal of FIR, it is apparent that the offence of theft
of house in dwelling property is against unknown person. The
investigation paper suggest that Rishikesh Kale was arrested on
5.8.2022, who revealed the name of the present applicant to be
involved in the crime along with him. Admittedly, from the point of
view of trial, the statement be it written or oral of the accused to the
police, is not admissible. However, it needs to be considered that at
present, investigation is in progress. Material is available with the
Investigating officer to show involvement of the applicant at the
time of commission of the crime. Moreover, it is positive case of the
Investigating machinery that stolen gold and silver ornaments are in
custody of the applicant and that is required to be recovered. The
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Cri.B.A.No.1044/2022
record suggests that there are as many as 12 offences of similar
nature i.e. theft and dacoity pending against the applicant, out of
which in 8 cases, he has been acquitted. Though, eight Judgments
of acquittal are placed on record, that cannot have bearing on the
decision of anticipatory bail. Still, there are four offences pending
against the applicant, which are of similar nature i.e. dacoity, theft.
Even there is externment proceedings against the present applicant.
The muddemal involved in the crime is to be seized at his instance.
Thorough investigation is necessary. Hence, it will not be
appropriate to exercise discretion in favour of the applicant who is
habitual offender. Hence, pass following order is passed :
ORDER
(1).

Application stands rejected.

Nashik.
Date : 25.08.2022
VARDHAN
PRATAPRAO
DESAI
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.08.25
16:35:22 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.