CNR No.
MHNS010027332022
Order below Exh.1 in Cri. Bail Application No.683 /2022
( Sangram Bindumadhav Phadke Vs. State )
By this application, the applicant seek prearrest bail u/s. 438 of
the Cr.P.C. in C.R.117 of 2021 registered with Mumbai Nama Police
Station, Nashik u/s.3/25 of The Indian Arms Act, dated 27.04.2022.
2.
The learned counsel Mr.D.K.Hire for the applicant submits
that, applicant is innocent person and he has been falsely implicated.
His name has been disclosed by coaccused Vishal Nandrekar in police
custody. He is not at all concerned with this offence and he is single
parent. There is nobody to look after his small child. Applicant is ready
to abide by any of the terms and conditions to be imposed by this Court.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5)
adopted say (Exh.4) filed by Investigation officer (I.O.) and strongly
objected this application. I.O. present alongwith police papers.
4.
As per the prosecution case, accused Vishal Nandrekar who
was arrested on 27.04.2022 and at present they are remanded in judicial
custody, disclosed in police custody that, countrymade Revolver and
bullets recovered from his possession was purchased by him from
present applicant who is its supplier at Nashik. He purchases the same
from one Rajpal R. Sendva resident of Madhya Pradesh State.
5.
Perusal of record reveals that, the offence is serious in
nature. Investigation is incomplete. Accused has got previous criminal
antecedents. C R No. 217 of 2013 u/s. 399,402,120B of IPC in Upnagsar
Police station, Nashik City. C.R. No. 3038 of 2010 u/s 3,/25 of the Arms
Act in Panchavati Police Station, Nashik City and C.R. No. 3013 of 2015
u/s. 3 of Maharashtra Property
Disfigure Act in Upnanagar Police
Station, Nashik City have been registered against him. Coaccused is yet
..2..
to be arrested.
Statements of witnesses are yet to be recorded. The
applicant may hamper or tamer prosecution witnesses or evidence and
may abscond. In the circumstance,custodial interrogation is necessary.
In the circumstances, I am not inclined to release the applicant on pre
arrest bail. Consequently, this application is liable to be rejected. Hence,
the following order.
ORDER
This application stands rejected.
Date: 06. 06 2022.
( S. T. Tripathi )
Additional Sessions Judge8,
Nashik.