CNR No. MHNS010030842022
Order below Exh.1 in Cri. Bail Application No. 770/2022.
( Sagar Uttamrao Satpute Vs. State )
The first bail is moved by the applicantaccused Sagar
Uttamrao Satpute under section 439 of Cr.P.C. in connection with
CR No. 77/2022 registered with Abhona Police Station, Dist.
Nashik for the offence U/s. 328, 272, 273, 188, r/w 34 of the
Indian Penal Code.
2.
It is stated in the application that, the present
applicantaccused was arrested on 15.6.2022 and he was produced
before learned JMFC, Kalwan from 15.6.2022 to 18.6.2022 in
police custody and from 18.6.2022 in magisterial custody. It is
stated that, the applicantaccused was apprehended by the police
while he was driving / transporting prohibited guthka material in a
vehicle bearing no. MH41 AU4257 worth Rs. 12,50,000/. It is
also stated that, prima facie section section 328 of the IPC is not
made out and rest of the offences are bailable. These and other
grounds set out in the bail application the applicantaccused prayed
for bail.
3.
Application is opposed by the State by filing report.
4.
Perused the record. Heard, both the parties.
5.
The learned counsel for applicantaccused Shri. Javed
Shaikh has submitted that the applicantaccused is a driver by
profession and he is not suppose to know the goods which were
loaded by the transportation company and therefore, he cannot be
connected with the present matter. he is local resident and his
antecedents are clean and therefore prayed for bail.
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6.
On the other hand, learned APP Shri. Suryawanshi has
submitted that the applicantaccused was apprehended by the
police alongwith prohibited guthka while transporting and this
itself is sufficient evidence against the accused and other two
accused are still absconding, investigation is in progress and
therefore prayed to reject the bail application.
7.
I.O. is present with case papers.
8.
On perusal of the record, it appears that the applicant
accused was apprehended by the police while transporting
prohibited Guthka Pan Masala. The police have siezed entire
muddemal so far as absconding two accused are concern already
they have moved anticipatory bail before this court which is
pending for hearing. The accused appears to be resident of Kalwan
and therefore, there is no possibility that he may jump the bail.
Therefore, the present bail application can be allowed with certain
conditions. In the result, following order is passed.
ORDER
1.
2.
3.
4.
5.
6.
Bail application No.770/2022 is hereby allowed.
Applicantaccused Sagar Uttamrao Satpute in connection
with CR No. 77/2022 registered with Abhona Police
Station, Dist. Nashik for the offence U/s. 328, 272, 272,
188 r/w 34 of the Indian Penal Code, be released on bail
on executing bond of Rs. 30,000/ with one or two sureties
in like amount.
He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.
He shall not threaten or tamper the prosecution witnesses
in any manner.
He shall attend the Abhona Police Station on every Tuesday
and Friday in between 11:00 am to 1:00 pm, till filing of
chargesheet.
In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.
Cri. Bail Application No.770/2022.
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7.
8.
Bail in lower court.
Inform to concern police station accordingly.
SHINDE
MADHAV A
Date 25.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.27
10:59:30 +0530
( M.A. Shinde )
Additional Sessions Judge9,
Nashik.