CNR MHNS010019752022
No.
Order below Exh.1 in Cri. Bail Application No.511 /2022
( Applicant/accused Rohit Narayan Pawar Vs. State )
This
is application
for
pre­arrest bail u/s. 438 of the
Cr.P.C. in C.R. No.I­75 of 2022 registered with Mumbai Naka Police
Station, Nashik u/ss. 454,457,380 of The Indian Penal Code(IPC).
2.

The learned counsel Mr.S.D. Badode for the applicant
submits that, applicant is innocent person and he has no concern with
offence and having no criminal antecedent. He is being
friend of
accused,there is apprehension of his arrest. Two accused persons are
already released on bail. He is ready to abide by any of the terms and
conditions to be imposed by this Court. He has got fix and permanent
place of residence and undertakes to cooperate investigation.
3.

Learned APP Mr. R.M. Baghdane, by filing pursis (Exh.6)
adopted say (Exh.5) filed by Investigation officer (I.O.) and strongly
objected this application.

I.O is present alongwith case papers and
submitted that charge­sheet has been filed in the Court.
4.

It is the case of prosecution that, in between 26.02.2022 at
about 6.00 p.m.

to 27.02.2022 at about 7.45 a.m., informant
Gopichand Ramujagir Yadhav had lock door of his house situated in
Flat No.4, Building No.4, Rohini Nagar, Peth Road, Panchavati, Nashik,.
Applicant
accused
in furtherance of
his common intention with other
two
and one juvenile offender, broke the lock of the house of
informant by means of iron road, entered in his house and committed
theft of ornaments and cash in total of Rs. 2,50,000/­.

..2..

5.

This application is strongly objected by learned APP on the
grounds that,
ornaments and cash is yet to be recovered, there is
possibility to disposed of stolen ornaments and commit offence of theft
in future with the help of juvenile offender. However, the charge­sheet
is already filed before Ld. Judicial Magistrate First Class by showing the
present applicant absconding u/s. 299 of Cr.P.C. Two accused persons
have already been released on bail.

In the circumstances, custodial
interrogation is not necessary for the purpose of investigation. The
offences are triable by Ld. Judicial Magistrate, First Class. No purpose
would be served
by keeping the applicant behind the bar. Thus,
apprehension in the mind of applicant of being harassed, manhandled,
and arrested seems to be reasonable,warranting pre­arrest protection. In
the result, I pass the following order.
ORDER
1.

This application stands allowed.

2.
In the event of arrest in connection with the investigation
of Crime No.I­75/2022 registered with Panchavati Police Station,
Nashik u/ss.454, 457,380 of The Indian Penal Code(IPC), the
applicant shall be released on executing Personal bond of
Rs.25,000/­ with solvent surety in the like amount.
3.
Applicant shall not leave India without prior permission of
the Court.
4.

Applicant shall not tamper with the prosecution witnesses.

5.
He shall attend the police station on each Monday for one
month between 11 a.m. to 01 p.m., or as and when called by I.O.
under prior written intimation.

Date: 28.04.2022.

( S.T. Tripathi)
Additional Sessions Judge­7,
Nashik.