Sagar Sudam Dighole and Anr Vs State of Maharashtra Nashik Sessions Court BA No 1293 of 2022

1
Criminal Bail Application No. 1293 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 1293 OF 2022
(Sagar Sudam Dighole and another vs. The State of Maharashtra
through Bhadrakali Police Station)
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 201 of 2022 registered with Bhadrakali Police Station, Nashik for
the offences punishable under sections 143, 144, 147, 148, 149, 307
and 341 of the I. P. C.
02]
The applicants contended that false and fabricated case is
registered against them. They have not committed the offence. They
were not present on the spot. There is no specific role attributed to
them. The T. I. parade is already conducted and already investigation is
completed. They have deep roots in the society. They are ready to abide
by any conditions imposed by the court. They have prayed for grant of
bail.
03]
APP filed say at Ex. 04 and I. O. filed say at Ex. 5. They
have stated that the offence is of serious nature. Both the accused have
criminal antecedent. There is evidence against them.

In the
identification parade, they are identified by the complainant. The
wooden stick is seized from Suraj Rajput. If they are released on bail,
they will threat the prosecution witnesses and will commit similar
offence. Hence, they have prayed for rejection of the bail.
04]
Heard the learned counsel for the accused and learned APP.

They have argued as per their stand taken as above. The I. O. has stated
that charge sheet is filed today.
05]
I have gone through application, say, arguments and police
papers. The F. I. R., is against six unknown persons. Six accused came on
two different vehicles and accused no. 1 namely Manoj Patil assaulted
on the head of the complainant. Accused no. 4 has thrown ink on his
face and accused no. 2 has assaulted him by wooden stick on his leg.

2
The present bail pertains to accused nos. 2 and 4. Their role is
limited. The investigation is completed and charge sheet is filed.
They are in Jail from more than two and half months.

Nothing
remained to be seized from them. In the pending crime against them,
they are released on bail. No purpose will serve to keep them behind
bar. They are entitled for conditional bail. Hence, the following order.
ORDER
01] Application is allowed.
02] Accused namely Sagar Sudam Dighole and Suraj
Omprakash Rajput be released on bail on executing
personal bond of Rs. 15,000/- each with one or more
surety in the likewise amount each respectively in
crime No. 201 of 2022 registered with Bhadrakali
Police Station, Nashik for the offences punishable
under sections 143, 144, 147, 148, 149, 307 and 341
of the I. P. C.
03] The accused shall attend police station, as and when
their attendances is required by the I. O.
04] They 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 to tamper with the evidence.
05] They shall not tamper the prosecution evidence in any
manner.
06] They shall not leave India without permission of this
court.
07] They shall not commit similar type of offence.
08] They shall furnish their detailed address with proof
and their mobile numbers.
09] Bail before concerned court of Judicial Magistrate First
Class.
Date : 20.10.2022
(R. R. Rathi)
I/c. Additional Sessions Judge-5,
Nashik.