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Cri.B.A.No.1052/2022
Criminal Bail Application No.1052/2022
CNR No. MHNS010045512022
[Sanjay Popat Hire V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C.
filed on behalf of the applicant as he was arrested in execution of
Non­bailable warrant and not granted bail by the trial court.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That he is
ready to abide by all terms and conditions imposed by the court. He
has responsibility of five daughters and his wife. Due to Covid­19
pandemic situation, he could not remain present in the court. He
has given cheque for an amount of Rs.1,00,000/­ for security
purpose. He is not habitual offender. He is ready to co­operate and
will remain present in the court on each dates. 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 always change his residence and never
found on the given address. On these main grounds and others have
prayed for rejection of bail application.
4.

Heard Ld. Advocate Mr.Bodake for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Upanagar police station.
5.

The complaint filed against the applicant before the trial
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Cri.B.A.No.1052/2022
court is under Sec.138 of Negotiable Instruments Act. The said
offence is bailable and non cognizable one. From the documents on
record, it can be gathered that the applicant remained absent since
the year 2019. The fact that entire world was affected by Covid­19
pandemic situation, cannot be brushed aside. The accused is in jail
since 24.8.2022. On certain terms and conditions, discretion can be
exercised in favour of the applicant. Hence, I pass following order.
ORDER
(1). Application is allowed.
(2). The applicant Sanjay Popat Hire be released on bail on
furnishing a PR and SB of Rs.30,000/­ with one or more
sureties of like amount on following conditions.
(a). 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: 2022.09.01
17:20:19 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.