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Cri.B.A.No.1048/2022
Criminal Bail Application No.1048/2022
CNR No. MHNS010045422022
[Samadhan Zumbar Dhatrak V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I­739/2010 of Nashik Road P. S., for offences punishable
under Sections 392 r.w. 34 of I.P.C., on the basis of FIR lodged by
Sangita Vijay Pagare.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant is resident of Nashik. The applicant had sustained burn
injuries because of which the applicant could not remain present
before JMFC Court, Nashik Road. That the matter is posted for
recording of statement under Sec.313 of Cr.P.C. That accused is
ready to remain present on all future dates. That he had no
intention to evade his presence before Court. He is the only earning
member in family. He is ready to abide by all conditions impose by
the court. On these main grounds and others have prayed for bail.
3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that the accused remained absent after bail was
granted. Proclamation was issued against him. He will not attend
the court and will remain absent. There is possibility of commission
of serious offences and pressurizing of informant and witnesses. On
these main grounds and others have prayed for rejection of bail
application.

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4.

Cri.B.A.No.1048/2022
Heard Ld. Advocate Mr.Pradhan for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Nashik Road police station.
5.

Admittedly, offence u/s.392 of IPC was registered
against the present accused. He was arrested in the crime. Even
charge was framed against him, along with other accused persons.
He remained present before the trial court till recording of
statement u/s.313 of Cr.P.C. Thereafter, he remained absent
resulting in issuance of warrant against him. Report of the police
suggest that on 10.3.2021, the accused was not traceable. However,
subsequently, the warrant was executed on 4.8.2022.
6.

The report of the police placed on record does not
disclose any criminal antecedents. The absencee of the accused is
during Covid­19 pandemic situation which prevailed till February
2022. One opportunity is required to be given to the accused to be
released on bail as the other accused persons are acquitted after
trial on merits. The offence is triable by the JMFC court. Hence, on
stringent condition, discretion can be exercised in favour of the
applicant. Hence, I pass following order.
ORDER
(1). Application is allowed.
(2). The applicant Samadhan Zumbar Dhatrak be released on bail
in Cr.No.I­739/2010 of Nashik Road P. S., for offences
punishable under Sections 392 r.w. 34 of I.P.C., on furnishing
a PR and SB of Rs.30,000/­ with one or more sureties of like
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Cri.B.A.No.1048/2022
amount on following conditions.
(a). He shall attend Nashik Road Police Station on every
Sunday between 10.00 a.m. to 1.00 p.m. till conclusion of
trial.
(b). He should furnish two documents about his identity proof and
two documents in respect of identity proof of his relatives.
(c). He 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.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 01/09/2022
Digitally signed
by VARDHAN
PRATAPRAO
DESAI
Date: 2022.09.02
12:09:28 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.