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Cri.B.A.No.1308/2022
Order below Exh.01 in Cri.B.A.No.1308/2022
CNR No.MHNS010055192022
(Sachin Kashinath Dhaktode 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.I­174/2022 registered
with Mhasrul police station for the offence punishable under
Sec.420, 427, 464, 465, 471 of IPC and Sec.8, 21(1) of the
Maharashtra (Urban Areas) protection and preservation of trees,
1975 on the basis of FIR lodged by Kirtikumar Parasmal Lodha.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That there
are no criminal antecedents. False FIR is lodged. There is delay in
lodging FIR. Applicant has not cut lemon tree. He only clean the
plot. That he is taking treatment for depression and high blood­
pressure. The offence is not punishable with Life Imprisonment or
death sentence. He is permanent resident of Nashik. He has co­
operated in the investigation. Nothing is to be recovered or
discovered at the instance of the applicant. He is ready to abide by
all the terms and conditions imposed by the court. On these main
grounds and others have prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

APP Smt.Sulabha Sangle and filed say resisting for grant of
application on the grounds that accused cheated the informant on
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Cri.B.A.No.1308/2022
the pretext that he is taking tree­cutting contract of Municipal
Corporation. He prepared bogus receipts. Investigation is to be done
with respect to said receipts and who has involved. Investigation is
to be done about misappropriation of amount. On these main
grounds and others have prayed for rejection of the bail application.
4.

Heard Ld. Advocate Mr.Walzade for applicant. Perused
bail application. Heard Ld. APP Smt.Sulabha Sangle. Perused police
papers and say filed by Mhasrul police station.

5.

On perusal of FIR as well as case papers, it is apparent
that the informant who is the plot owner, has given application
seeking permission from Nashik Municipal Corporation to cut the
lemon tree. The present applicant approached the informant, gave
false information, took the contract, and even has issued three
fabricated receipt. The Investigating officer has collected report
from the Department of Trees Municipal Corporation that both the
documents submitted by the informant are bogus.
6.

The record shows that notice was issued to the applicant
and his statement was recorded on 1.6.2022. Thereafter, no action
was taken by the Investigating officer till today. Now more than 5
months have passed. As far as offences are concerned, Sec.420 of
IPC is punishable with imprisonment which may extend to 7 years.
Sec. 464 of IPC is definition of making a false document. Sec.465 of
IPC imprisonment prescribed is for a term which may extend to 2
years or with fine or with both.

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7.

Cri.B.A.No.1308/2022
On perusal of report filed by Investigating Officer, the
forged documents are with the investigation machinery. Already the
statement of the applicant is recorded. The Investigating officer has
not recorded statement of Vaibhav Ravindra Vetal till today after
recording supplementary statement of informant on 4.10.2022.
There is no need for custodial interrogation. The purpose of
Investigating officer can be served by putting the applicant to
condition. Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant
Sachin Kashinath
Dhaktode in connection with CR.No.I­174/2022 registered
with Mhasrul police station for the offence punishable under
Sec.420, 427, 464, 465, 471 of IPC and Sec.8, 21(1) of the
Maharashtra (Urban Areas) protection and preservation of
trees, 1975 on the basis of FIR lodged by Kirtikumar Parasmal
Lodha the above named applicant be released on bail, on
furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen
Thousand only), with one surety of like amount on following
conditions.
(a). He shall attend concern Police Station on every Monday
between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.

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Cri.B.A.No.1308/2022
(c). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 17.11.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.17
17:52:13 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.