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Cri.B.A.No.1605/2020
Order below Exh.01 in Cri.B.A.No.1605/2020
CNR No.MHNS010044212020
(Sagar Eknath Murtadak 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.140/2020
registered with Wadiwarhe police station for the offence
punishable under Sec.379 of IPC, on the basis of FIR lodged by
Gokul Karbhari Katole contending therein that
during the
period from 05/11/2020 after 15­00 hrs. to before 19­00 hrs. of
06/11/2020 accused/applicant along with other accused
persons in furtherance of common intention committed theft of
75 HP Electric Jalpari motor of Terafalo Verticle Openwhell
company of the value of Rs.12,500/­ owned by the informant.
2.

Bail application is filed on the ground that the
applicant is innocent and has been falsely implicated in the case.
That on 10th November, 2020 one Sharad Katore and Rajaram
Katore assaulted the present applicant with wooden stick
alleging that on 6th November, 2020, he committed theft of the
water pump which was installed in their agricultural field and
therefore FIR is lodged against both Sharad and Rajaram at C.R.
No.36/2020 with Wadiwarhe police station. The present FIR is
counter blast to the FIR lodged by the present applicant. There is
delay in lodging the FIR. That the applicant has not committed
any offence. He is in second year diploma of Civil Engineering.
Hence, has prayed for anticipatory bail.

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3.

Cri.B.A.No.1605/2020
Notice was issued to State. State appeared through
Ld. APP Smt. Sangle and filed say resisting for grant of
application on the grounds that, the present applicant is prime
accused in the offence of theft and he is aware about
whereabouts of the electric Jalpari motor.

4.

Heard Ld. Advocate Mr. Arpit Mutha for applicant.

Perused bail application. Heard Ld. APP Smt. Sangle. Perused
police papers and say filed by Wadiwarhe police station. They
reiterated the contents made in bail application and say.
5.

On perusal of FIR as well as case papers, it is
contended therein that, the informant came to know about the
theft on 06/11/2020 and was making inquiry. On the next day,
he was informed by the co­accused Harshad Bendkuli that he i.e.
Harshad along with Sagar Murtadak and Sadiq Saiyyad
committed theft.
6.

It is apparent that this disclosure by the co­accused
to the informant is extra judicial confession which is a very weak
piece of evidence. The extra judicial confession is not given to a
friend or relative. It is alleged in the FIR that it is given to the
informant himself. It is important to note that the theft was
committed on 06/11/2020. It was revealed on 07/11/2020 and
the offence is registered on 17/11/2020. There is huge delay of
ten days in lodging the FIR. No explanation is given in the FIR
about the delay. In the instant case, the applicant has also
lodged FIR against Sharad Katore and Rajaram Katore who are
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Cri.B.A.No.1605/2020
relatives of Gokul Katore for assaulting him.

What is more
important is that after span of almost month of lodging the FIR
the investigating officer has not recorded statement of eye
witness to the incident or any witness stating that the Jalpari
was in possession of the present applicant. The present applicant
is aged 20 years and is student of engineering college. If
arrested, will definitely not only loose face in the society but also
his career will be jeopardised.

Considering the overall
discussion, it will be appropriate that the present applicant be
released on bail on certain terms and conditions.

Hence,
proceed to pass the following order.
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant Sagar Eknath
Murtadak
in
connection
with
in
connection
with
CR.No.140/2020 registered with Wadivarhe police station for
the offence punishable under Sec. 379 r/w 34 of IPC, on the
basis of FIR lodged by Gokul Karbhari Katore, the above named
applicant be released on bail, on
furnishing a PR and SB of
Rs.15,000/­ ( Rupees Fifteen Thousand only)each, with one
surety of like amount on following conditions.
(a). He shall attend concern Police Station on every Monday
between 4.00 p.m. to 6.00 p.m. till filing of the charge sheet
(his attendance with the police station will be considered as
custody for the purpose of recovery u/s 27 of the Evidence Act.).
(b). He shall not directly or indirectly make any inducement,
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Cri.B.A.No.1605/2020
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.
(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 : 10.12.2020
Digitally signed by
Vardhan Prataprao
Desai
Date: 2020.12.14
14:55:35 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.