CNR
MHNS010032772022
Order below Exh.1 in Cri. Bail Application No.810/2022.
[ Sahebrao Chima Kapse Vs. State ]
This bail application is moved by the applicant­accused
Sahebrao Chima Kapase for releasing him on bail under section 439
of Cr.P.C., in connection with CR No.119/2022 registered with Wani
Police Station, Tal. Dindori for the offence U/sec. 304(A), 304(2),
279, 336, 337,338,427 of Indian Penal Code and under section 184,
130, 177, 190, 192, 194, 66(1)/196 of the Motor Vehicle Act, 1989,
registered on 3.6.2022. Applicant­accused was arrested on 7.6.2022
and produced before the Court and remanded to Magisterial custody
and since then he is in jail.
2.

It is stated in the application that, on 2.6.2022 the alleged
accident took place at Mulane Bari, Babapur shivar, on Babapur to
Kalwan road. It is alleged that, applicant­accused has knowledge that
the road is not sufficient to drove the heavy vehicle by carrying the
labour and even if he had travelled the labour in the said tractor
trolley by that road and thereby accident took place and labours have
sustained grievous injured and some of the labour died, as well as
trolley was collided on one Alto car and caused damage to it.
Applicant­accused submitted that he has not committed any offence
and only the labours are working with him, he has been falsely
implicated in the present crime. He is doing the business in legal
manner and taking care of labour. No purpose would be served by
keeping the applicant­accused behind the bar. Applicant­accused is
ready to abide all conditions laid down by this court. Hence, prayed
to grant bail on the grounds set­out in the application.
3.

Application is strongly opposed by the State by filing
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say/report and submitted that, offence is serious, applicant­accused is
responsible for the alleged accident. He has not taken the care of the
labour and travel the labour illegally in the tractor trolley. The
statements of the witnesses are to be recorded. The applicant­accused
is present on the spot as per CDR report. Hence, prayed to reject the
application.
5.

The learned counsel Shri. R.D. Avhad submitted that
accused has been implicated falsely. There is no negligence on his
part. The offence under section 304 part II of IPC is not made out
against the present applicant­accused. He submitted that applicant­
accused is ready to abide the conditions laid down by this court.
Hence, prayed to allow the application.
6.

The learned APP submitted that offence is serious and
triable by this Court and also supported the report filed by I.O.
Investigation is in progress. There are 7 labours died and other labours
are hospitalized as they sustained grievous injuries. Therefore, he
submitted that application may be rejected.
7.

On perusal of the record, it appears that the accident took
place on 2.6.2022 while carrying the labour with tractor trolley. The 7
labours are died in the said accident and other labours are sustained
grievous injuries, who are hospitalized. The offence is serious.

The
statements of some of the witnesses are to be recorded. Applicant­
accused having knowledge of the tractor trolley carried the labours.
Prima facie, the applicant­accused is present on the spot as per the
record of CDR and has knowledge that carrying illegally labours on
large scale in a tractor trolley would certainly a life threatening act
and inspite of this those labours were taken alongwith their utensils
and other articles on a dangerous road situated at Mulane Bari. The
Cri. Bail Application No.810/2022 .
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tractor driver who was 21 years old was allowed to drive the said
tractor attached with two trolleys, who was not holding any driving
license and thus, risked the life of 21 poor labour and their relatives.
As per record, one minor girl at the age of 4 years also died in the said
accident and 8 minor children age from 1 year to 15 years are
seriously injured and they are taking medical treatment in the
hospital. Thus, considering all these facts, there is prima facie case
against the applicant­accused. The investigation is in progress.
However, considering the number of injured persons in the accident, it
would not be proper to allow the present bail application.
8.

The learned counsel Shri. Avhad try to point out that
police initially held responsible the accused No.1 for the incident. He
placed on record the remand reports in support of his claim and
further submitted that now police are trying to held responsible the
present applicant­accused without any whisper in the earlier remand
report of the accused No.1. However, no much importance can be
given to this alleged discrepancy, because the investigation is in
progress. The police are tracing out the roles played by each accused
and therefore, as per the progress in the investigation the role of each
accused came to be identified and therefore, it cannot be said that
there is discrepancy in the police papers. Hence, following order.

ORDER
1)
Bail application No.810/2022 is hereby rejected.

2)
Inform concerned police station.

SHINDE
MADHAV A
Date­ 04.07.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.07.04
18:26:03 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.