CNR
MHNS010029322022
Order below Exh.1 in Cri. Bail Application No.726/2022.
[ Sanjay Somnath Gangode Vs. State ]
This is first bail application after filing of chargesheet
moved by the applicantaccused Sanjay Somnath Gangode for
releasing him on bail under section 439 of Cr.P.C., in connection with
CR No.68/2022 registered with Dindori Police Station, Tal. Dindori
for the offence U/sec. 307, 325, 324, 323, 504, 506 of Indian Penal
Code, registered on 20.2.2022. Applicantaccused was arrested on
24.2.2022 and produced before the Court and remanded to police
custody till 25.2.2022 and thereafter remanded to Magisterial
custody and since then he is in jail.
2.
It is stated in the application that, on 16.2.2022 the
alleged accident took place at Nigdol square of road traffic accident
and thereafter brought to Hospital. It is alleged that, nothing was
seized from the applicantaccused and his antecedents are clean. It is
also stated that earlier bail application bearing No.290/2022 and No.
446/2022 were rejected by this Court on 17.3.2022 and 19.4.2022 on
the point of investigation was in progress. Now, the chargesheet is
filed in the Court bearing RCC No.101/2022 and therefore, there is
no need of detention of applicantaccused in jail. Applicantaccused
is ready to abide all conditions laid down by this court.
Hence,
prayed to grant bail on the grounds setout in the application.
3.
Application is strongly opposed by the State by filing
say/report and submitted that, offence is serious, applicantaccused
and injured are residing in the same village and therefore if the
applicantaccused
released
on
bail,
he
will
pressurized
the
prosecution witnesses and tamper the evidence. Hence, prayed to
..2..
reject the application.
5.
The learned counsel Shri. G.P. Sanap submitted that
accused has been implicated falsely. There is delay in lodging the FIR.
The injured witnesses already discharged on 28.2.2022 and now the
chargesheet is filed in the court and committed to Sessions Court.
Therefore, no purpose would be served by keeping the applicant
accused behind the bar and since he in jail since 26.2.2022. He
submitted that applicantaccused is ready to abide the conditions laid
down by this court. Hence, prayed to allow the application.
6.
The learned APP submitted that offence is serious and
triable by this Court and also supported the report filed by I.O. and
submitted that application may be rejected.
7.
On perusal of the record, it appears that there is delay in
lodging the FIR of 5 days. Injured is already discharged from the
hospital. Chargesheet is also filed in the Court. It is also admitted fact
that earlier two bail applications were rejected by this Court as the
investigation was in progress. As per medical papers history of
assault/road traffic accident is mentioned and the injured was
admitted in the hospital. However, as per the FIR the accused deadly
assaulted the injured on trifle issue, who suffered serious bleeding
injury and was unconscious on the spot. The first informant and the
accused alongwith one other companion had been to Hotel Garva to
consume liquor and on arrival at Nigdol Bus Stand, the accused
instructed the injured to bring his motorcycle at his house, however,
he neglected the same and therefore, the accused got angry and again
came to the bus stand and a hot exchange of words took place and the
applicantaccused caused multiple serious injury on the injured by fist
blow and kick.
Cri. Bail Application No.726/2022 .
..3..
8.
At present the injured is discharged from the hospital
Applicantaccused is in jail since his arrest. No purpose would be serve
by keeping him in jail as it will take time to commence trial. so far
apprehension to the injured at the hands of applicantaccused is
concerned as express by the advocate for injured, who assisted to
state, necessary conditions can be laid down. Hence, following order.
ORDER
1.
Bail application No.726/2022 is hereby allowed.
2.
Applicantaccused Sanjay Somnath Gangode in connection
with CR No.68/2022 registered with Dindori Police Station,
Dist. Nashik for the offence U/s. 307, 325, 324, 323, 504,
506 of the Indian Penal Code, be released on bail on
executing bond of Rs.30,000/ with one or two sureties in like
amount.
3.
He shall furnish his address proof aadhar card of his two near
relatives alongwith mobile numbers.
4.
He shall not threaten or tamper the prosecution witnesses in
any manner.
5.
He shall not entered into the Taluka Dindori for three months.
6.
He shall attend the Court on given dates.
7.
In the event of breach of any of the conditions, his bail bonds
shall be liable to be cancelled.
8.
Bail in lower court.
9.
Inform to concern police station accordingly.
SHINDE
MADHAV
A
Date 27.06.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.06.27
18:11:51 +0530
( M. A. Shinde )
Additional Sessions Judge9,
Nashik.