Cri Bail Appln. No.1353 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1353 of 2022
CNR NO.MHNS010056482022
1.

Samadhan Somnath Dhule
Age : 30 years, Occu.: Agriculture
R/o : Waglund, Tal. Dindori,
Dist. Nashik.

2.

Roshan Eknath Patil
Age : 25 years, Occu.: Agriculture
R/o : Nilwandi, Tal. Dindori,
Dist. Nashik.
… Applicants/Accused.
V/S
State of Maharashtra
Through – Dindori Police Station
(C. R. No. I­274/2022 )
… Respondent/State.

Appearance : Ld. Adv. Shri. Suhas J. Deshpande for Applicants/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. Ajay Kavte, P.S.I. (I.O.) Dindori Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 11th November, 2022)
1.

This is an application under Section 439 of Criminal Procedure
Code for grant of bail in C.R. No.I­274 of 2022 registered Respondent/
Dindori Police Stations under Sections 326, 324, 504, 506 and 427 r/w 34 and
under Sections 120­B and 108 of the Indian Penal Code.

Cri Bail Appln. No.1353 of 2022 (Or. Exh.1)
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2.

Read the application and the say filed by the respondent in Bail
Application No.1356 of 2022, which is connected matter. Heard Ld. Advocate
for the applicant, Ld. A.P.P. for the State and the I.O., who is present in Court.
3.

It is the case of the prosecution that, accused Nos.7 and 8
conspired and accused No.4 was hired by them to assault the victim. The
accused No.4 alongwith Nos.1 to 3 and accused Nos.5 and 6 assaulted victim
Ambadas Patil. Accused No.1 beat the victim by wooden stick on his leg.
Accused Nos.2 and 3 abused and threatened the victim of killing. Accused
Nos.1 to 3 ran away from the spot, when the victim started shouting. The
matter came to be reported to the Police.
4.

It is the case of the applicants that, they are falsely implicated in
this case. They have nothing to do with the case. Applicants were not on the
spot as per the contents of the F.I.R. Investigation is almost completed. No
purpose will be served in keeping the applicants behind the bar. Ready to
abide by the terms and conditions likely to be impose by the Court. Therefore,
prayed to allow the application.

5.

Respondent objected on the grounds that, the applicants
alongwith other accused conspired and committed the offence. Investigation is
in progress. There is a prima­facie case. Therefore, prayed to turn down the
application.

6.

Upon hearing and going through the material placed on record,
what can be gathered is that, in the F.I.R. the names of the applicants are not
Cri Bail Appln. No.1353 of 2022 (Or. Exh.1)
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there. Moreover, the allegations are as against accused Nos.1 to 3, who were
present on the spot and who abused, threatened and beat the victim.
Investigation is at the verge of completion as far as the applicants is
concerned. Recovery of muddemal is over. Nothing is to be recovered or
discovered at the instance of the applicants. No purpose will be served in
keeping the applicants behind the bar. The other two accused persons are
released on bail by this Court on 09.11.2022 and their role alleged in the
Crime was same as of the applicants. By imposing certain conditions the
apprehension of the respondent can be taken care of. Moreover, the victim is
discharged from the hospital. Therefore, applicants can be admitted to bail. In
the result,s the following order.
ORDER
1.

Criminal Bail Application No.1353 of 2022 is allowed.

2.

Applicant No.1 Samadhan Somnath Dhule and Applicant No.2 Roshan
Eknath Patil be released on bail on their executing a personal bond of
Rs.15,000/­ each with solvent sureties in like amount in connection
with C.R. No.I­274 of 2022 registered with Respondent/ Dindori Police
Station under Sections 323, 324, 504, 427, 326 and 307 r/w 34 of the
Indian Penal Code.

3.

Applicants not to repeat the similar offences in future.

4.

Applicants not to threaten and pressurize the complainant and the
witnesses.

5.

Bail before concerned J.M.F.C., Court.

6.

In the above terms, Criminal Bail Application No.1353 of 2022
stands disposed off accordingly.

Place : Nashik.
Date : 11/11/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.11.11 18:01:21
+0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.