CNR MHNS010045132020 CR. No. I­329/2020, Satpur Police Station, Nashik registered
under sections 395, 394,435,279,337,338, 326,427,143,144,147, 148,149 of the Indian
Penal Code and 184,119/177 of the Motor Vehicle Act.

Order below Exh.1 in Cri. Bail Application No.1655/2020.

{ Sachin Eaknath Salve & Subham Nana Panpatil Vs. State }

The bail application is filed under section 439 of the Code of Criminal Procedure, 1973 ( for short ‘ the Cr.P.C.’) by the applicant­accused Sachin Eaknath Salve and Shubham Nana Panpatil, arrested on 13.11.2020 in connection with C.R. No. I 329/2020, registered under sections 395, 394, 435, 279, 337, 338, 326, 427, 143, 144, 147, 148, 149 of the Indian Penal Code and 184, 119/177 of the Motor Vehicle Act ( for short ‘the IPC and MV Act’), filed with Satpur Police Station, Nashik. They are in magisterial custody remand since 30.11.2020.

2. The application has been preferred on the grounds that the applicant­accused are falsely implicated in this crime. They are not a habitual offenders. They have no criminal antecedents. They are the only earning members of their family. They are ready to abide with any condition imposed by this Court. They were arrested on suspicion. Nothing is recovered from them. They have not participated in crime. They are unknown with other accused and witnesses. Their family is dependent on them. Hence, bail may be granted to them.

3. The learned APP Mrs. A.R. Patil, has filed say at Exh.04. She has opposed the bail application on the grounds that the offence is serious. The applicant­accused have not given any relevant information while in custody. Activa Motorcycle MH­15­DR 6040 is yet to be recovered. Witnesses would be pressurized. They would commit similar crimes. Hence, bail may not be granted to them.

4. Heard both the sides. Learned APP Mrs. A.R. Patil and learned Advocate Mr.Pargharmol have advanced their respective arguments as per their contentions.

5. Amidst the above rival contentions, it is to be decided as to whether the applicant­accused has made out a genuine case for their enlargement on bail.

6. Briefly stated, as per FIR dated – 07.11.2020, informant Sanket Kasar was proceeding towards Carban Naka. Near Hotel Annapurna he was dashed by a Activa Motorcycle coming from wrong side. He sustained muffle injuries. At that time 7 to 8 persons came there. They asked him to compensate for accident. Informant Sanket refused as he was not at fault. On this count the persons gathered over there gave beatings to him. The uncle of informant Sanket, Bhagwan Kasar came at the spot in a TATA Sumo Vehicle alongwith his two friends. They were also beaten by the persons gathered over there. They damaged TATA Sumo Vehicle and set on fire the motor­cycle of the informant. The mobile phone of Shrikrushna Kothekar and gold ring of Santosh Nagare was forcibly dispossessed. The informant heard the name of one Pankaj during the incident who was told to fire the motor­cycle. Accordingly, FIR was registered.

7. On going through the FIR, the name of applicant accused is not mentioned in it. The FIR is against unknown persons. No physical description of the persons is given in the FIR. The recovery from the applicant­accused is pertaining to their cloths. The dispossessed muddemal i.e. golden ring and mobile phone is not recovered from them.

8. The objection of prosecution is pertaining to recovery of Activa motor­cycle. The number of Activa Motorcycle is mentioned in the say of Investigating Officer. Its whereabouts can be traced through RTO Office. The applicant­accused are in custody since 13.11.2020. They were in PCR from 13.11.2020 to 16.11.2020. Nothing is revealed from them pertaining to the motor­cycle at their instance.

9. The another objection of prosecution is regarding threat to witnesses. However, no previous criminal record, crime numbers or earlier convictions of the applicant­accused are placed on record. Therefore, it cannot be ascertained and inferred that the applicant accused are habitual offenders. No criminal antecedents of the applicant­accused are seen on record. There is nothing in the say of Investigating Officer that the physical custody of the applicant accused would be helpful for further investigation.

10. As per the proviso to Section 437 of the Cr.P.C. pending test identification parade cannot be a ground to reject the bail plea of the accused. The accused no.3 Vishal Bhutekar and accused no. 4 Akash Thoke are released on bail. Hence, ground of parity is available to the accused as their roles are not distinguishable from the other accused in this crime.

11. Thus,in the totality of the circumstances, there are no exceptional grounds raised by the prosecution to deny and reject the bail plea of the accused, when bail is the rule and jail is an exception. There are no circumstances to infer that the applicant accused would flee from justice. The objections of the prosecution can be taken care of by imposing certain conditions on the applicants­accused. Resultantly, I proceed to pass following order.

O R D E R

1 Application is hereby allowed.

2 Applicants/accused namely Sachin Eaknath Salve and Shubham Nana Panpatil, be enlarged on bail, in Crime No.I 329/2020 registered with Satpur Police Station, District : Nashik on furnishing personal bond of Rs.25,000/­ each with one or two sureties in like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this court.

5 They shall attend the concerned police station on every Monday in between 10.00 am to 1.00 pm till competition of the investigation.

6 They shall furnish their address proof, identity proof and mobile numbers and place of abode and also furnish the address and identity proof along with mobile numbers of two nearest relatives, residing in District Nashik.

7 If the applicants­accused commit breach of any of the conditions mentioned above, the bail would be cancelled at the moment.

8 Bail before committal court if case is not committed. (Dictated and Pronounced in open court.)

(S.P. Naik­ Nimbalkar ) Additional Sessions Judge, 07.12.2020. Nashik.