Cri Bail Appln. No.1362 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1362 of 2022
CNR NO.MHNS010056722022
Sandeep Prakash Keng
… Applicant/Accused.
V/S
State of Maharashtra
Through – Dindori Police Station,
Nashik.(C. R. No. I274/2022 )
… Respondent/State.
Appearance :
Ld. Adv. Shri.L. R. Nikam for Applicant/Accused.
Ld. A.P.P. Shri. Pankaj R. Chandrakar for Respondent/State.
Smt. M. H. Jejot, PSI (I.O.), Dindori Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 09th 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 at
Respondent/Dindori Police Station under Sections 323, 324, 504, 427, 326
and 307 r/w 34 of the Indian Penal Code.
2.
Read the application and the say filed by the respondent vide
Exh.4. Heard Ld. Advocate for the applicant, Ld. A.P.P. for the State and
I.O. Perused the policepapers produced for inspection.
Cri Bail Appln. No.1362 of 2022 (Or. Exh.1)
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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 applicant that, he is falsely implicated in
this case. He has nothing to do with the case. Applicant was not on the spot
as per the contents of the F.I.R. Applicant was arrested and was enlarged on
bail. Thereafter, the I.O. added Section 326 and 307 of I.P.C. and again the
applicant was arrested. Investigation is almost completed. No purpose will
be served in keeping the applicant 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 filed their say vide Exh.4 and objected on the
grounds that, the applicant 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 name of the applicant
is not 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 applicant is
Cri Bail Appln. No.1362 of 2022 (Or. Exh.1)
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concerned. Recovery of muddemal is over. Nothing is to be recovered or
discovered at the instance of the applicant. No purpose will be serve in
keeping the applicant behind the bar. By imposing certain conditions. The
victim is discharged from the hospital. Applicant can be admitted to bail. In
the result,s the following order.
ORDER
1.
Criminal Bail Application No.1362 of 2022 is allowed.
2.
Applicant Sandeep Prakash Keng be released on bail on his
executing a personal bond of Rs.15,000/ with solvent surety 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.
Applicant Sandeep Prakash Keng not to repeat the similar
offences in future.
4.
Applicant Sandeep Prakash Keng 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.1362 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 09/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.12
11:10:40 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.