CNR MHNS010018152022
No.
Order below Exh. 1 in, Cri. Bail Application No. 673/2022
( Sanjay Rajpal Yadhav­applicant Vs. State )
This is an application for bail u/s. 439 of Cr.P.C. in C.R.No.
132/2022 registered with Mumbai Naka police station, Nashik u/s. 380
R/w.34 of Indian Penal Code(for short “IPC”).
2.

Learned counsel Mr.S.Y.Wagh for the applicant
submits
that, he is innocent person and has been falsely implicated. He is
ready to abide by any of the terms and conditions to be imposed by this
Court. He has got fixed and permanent place of residence and
undertakes to cooperate investigation.
3.

Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.6)
adopted say filed by I.O (Exh.5) and strongly objected this application.
I.O. is present alongwith police papers.
4.

It is the case of prosecution that,applicant alongwith
co­accused Mansor had gone for painting the bunglow of the informant
through Contractor Shivprasad Mourya, wherein they committed theft of
Rs. 23,50,000/­ i.e. 300 Grams gold and Rs. 8,50,000/­ cash. Applicant
is arrested on 19.05.2022 and at present, he is in judicial custody.
5.

Learned APP contends that, offence is serious. Applicant
has been named in the FIR and investigation is incomplete. There is
direct involvement of the applicant. Co­accused is yet to be arrested.
Both accused are from different State. Part of the property is yet to be
recovered. He may hamper or tamper prosecution witnesses or evidence.

6.

I have perused record. Major part of the property i.e. cash
of Rs. 6,50,000/­ has been recovered.

Applicant is custody since
19.0.5.2022 which is sufficient time for the purpose of custodial
interrogation. In the circumstances, no purpose would be served by
keeping him behind the bar for indefinite period. He has got fixed and
permanent place of residence. There is nothing on record to show that,
he has got previous criminal antecedent. Only because, applicant is
resident of another State cannot be ground to reject bail. Certain
conditions may suffice the purpose. Consequently, applicant deserves for
bail. Hence, the following order.
ORDER
1.

This application stands allowed.

2.
Applicant Sanjay Rajpal @ Rajepal Yadhav shall be
released on bail, in C.R.No. 132/2022 registered with Mumbai
Naka police station, Nashik u/s. 380 R/w.34 of Indian Penal
Code(for short “IPC”), on executing personal bond of
Rs.25,000/­, with one or two sureties in the like amount.
3.
He shall not leave India without prior permission of the
Court.
4.

He shall not tamper with the prosecution witnesses.

5.

Bail before Ld. J.M.F.C.

Date :06.06.2022.

( S.T. Tripathi)
Additional Sessions Judge­8,
Nashik.