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Cri. Bail Application No. 772 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 772 OF 2022
{Rohit Nandkumar Pawar vs. The State of Maharashtra through Ambad
Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 274 of 2022 registered with Ambad Police Station for the offences
punishable under sections 302 and 304 read with 34 of the I. P. C.
02]
The applicant contended that false and fabricated case is
registered against him. He has no criminal antecedent. He is permanent
resident of Nashik. He is only 25 years old. There is delay in lodging FIR.
Nothing remained to be recovered and nothing is recovered from him.
Only on hearsay evidence, he is involved in the crime. No purpose will
serve to keep him behind bar. His family is dependent on him. He is
ready to abide by any conditions imposed by the court. Hence, he has
prayed for grant of bail.
03]
learned APP has filed say at Ex. 06 and I. O. has also filed
say at Ex. 07. They have stated that the offence is of serious nature. All
the accused with preplanning killed the deceased by wooden sticks and
stones. They have caused serious injuries to the deceased and he died.
The investigation is going on. If the accused is released on bail, he will
threat the prosecution witnesses. Hence, they have prayed for rejection
of bail.
04]
Heard the learned counsel for accused, learned APP and
learned counsel for the victim. They have argued as per their stand
taken.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers. There is strong prima-facie case against all
the accused. The accused no. 1 by means of sickle assaulted on the head
of the deceased and then, gave him pushed and he fell down on the road
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and sustained head injury. The accused nos. 2 to 4 have beaten the
accused by wooden sticks on his hands and legs. As much as, 29
injuries were caused to him because of injury nos. 1 and 2 i.e. head
injury, he died. The author thereof is accused no. 1. The investigation
is in progress. The offence is of serious nature. There are eye
witnesses to the incident and also CC TV footage. The offence is
punishable with death or life imprisonment. The accused is not
entitled for bail. Hence, the following order:
ORDER
Application is rejected.
RATHI
ROOPESH
RAMSWARUP
Date : 29.06.2022
Digitally signed by
RATHI ROOPESH
RAMSWARUP
Date: 2022.07.01
13:38:49 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.