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MHNS010029172022
Order below Exh. 1 in Criminal Bail
Application No. 721/2022.
1.
This is an application moved by the applicant/accused Sagar
Balasaheb Chitalkar under section 439 of the Code of Criminal Procedure
in C.R.No. 97/2022 registered against accused at Gangapur Police Station
for the offence punishable under section 302, 34 of the Indian Penal Code.
2.
It is submitted by the accused that he has been falsely
implicated. On considering the complaint it is seen that there are no eye
witness or that they are not aware when and where the incident had
occurred. The mother of the deceased spoke to him but the deceased has
not informed that he had quarrel with anybody. On plain reading of the
FIR offence under section 302 of IPC is not attracted as no reference of
any instrument has been used. As per the complaint the incident came to
the notice due to instagram live which does not reflect that applicant has
assaulted the deceased. There is no justifiable reason to kill the deceased.
No deadly weapon was used. Accused has cooperated with the
investigation.
Nothing remains to be recovered.
Much time will be
required to conclude the trial. If accused is detain behind the bar it will
cause irreparable loss to him. He is ready to abide by the terms and
conditions imposed on him. Hence, prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, accused no. 1 to 5 have in cruel manner
assaulted the deceased by stick, tree branches, belt, fist and blows and
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caused grievous injury on the head with the intention to cause his death
by leaving him on the spot of incidence. Video has been seized which
reflects that accused along with his associates have assaulted the
deceased. Present accused is a main accused. Memorandum panchanama
reflects the manner in which the offence was committed and there is
recovery of the instruments by which deceased was assaulted. Accused
along with his other associates assaulted the deceased on 18/05/2022
then accused went and met his friend Akshada Gite to sort out their
dispute.
CCTV footage corroborate the said fact and it reflects that
accused and Shantanu Deshmukh were present with the deceased.
Statement is yet to be recorded under section 164 of Code of Criminal
Procedure. Email sent to Shantanu Deshmukh reflects that present
accused and his associates were assaulting the deceased in cruel manner.
If accused is released on bail he will threaten the witnesses and he is likely
to abscond. Hence, prayed that application be rejected.
4.
Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that on considering the FIR prima facie
offence u/s. 302 is not attracted. Even the investigating officer has not
registered the offence under section 302 initially as there were no marks
of any injury on the body of the deceased. Accused is 22 years old. There
is no previous enmity. Investigation is completed, hence, prayed that bail
be granted.
5.
Investigating Officer and Ld. APP for the state have strongly
objected this application on the ground that deceased was brutally
assaulted by stick, tree branches and belt.
The injury certificate
corroborates the said fact as death is caused due to intracranial
haemorrhage due to blunt trauma on the head.
Hence, prayed that
application be rejected as there is ample evidence against the accused.
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6.
After hearing the Ld. Advocate for the accused, Ld. APP for
the State and perusing the case papers, it is a fact that the cause of death
is due to intracranial haemorrhage due to blunt trauma on the head.
However, the investigating officer has categorically submitted that if
accused is released on bail, he will threaten the witnesses as well as
abscond.
7.
Much arguments were canvased by the Advocate for the
accused that the offence u/s. 302 is not attracted on bear perusal of the
FIR.
It is pertinent to state that FIR cannot be encyclopedia as it is the
first information report about the incident. The father of the deceased had
no knowledge how the incident had happened, however, the fact remains
that his son has expired of which cognizance has been taken. Investigating
officer has categorically submitted that video recording has been seized
wherein present accused along with his associated is seen brutally
assaulting the deceased. Prima facie it reflects that deceased was brutally
assaulted which caused his death. Investigation is in progress as statement
u/s. 164 of Cr.P.C. is yet to be recorded and there is every possibility of
threatening the witnesses and destroying the evidence. Hence, I am not
inclined to release the accused on bail. Hence, following order is passed :
ORDER
1.
The application is hereby rejected.
Nashik.
Date : 13/06/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.