1
Cri. Bail Application No. 872 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 872 OF 2022
{Shri. Santosh Bhagwan Khartode and others vs. The State of
Maharashtra through Nashik road Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 216
of 2022 registered with Nashik road Police Station under sections
307, 326, 324, 295(a), 120(b), 504, 506 read with 34 of the I. P. C.
02]
The applicants contended that false and fabricated case
is registered against them. They are public servant and serving in
Maharashtra State Prison department. They have good reputation
and having deep roots in the society. The complainant was the
convict and was serving sentence at Central Jail, Nashik. He was
found in possession of one mobile and so he broke it and put it in the
toilet utensil. Then, the inquiry was conducted against him and he
manhandled and attacked the applicant no. 4. So, crime was
registered against him under section 353 of the IPC and other
provisions of law. Apart 8 days, he falsely complaint to C.J.M., Nashik
and P.D.J., Nashik. Upon his complaint, the P.D.J. directed Judicial
inquiry and the learned Magistrate conducted judicial inquiry and
found the present applicants not guilty. The report was submitted to
P.D.J., Nashik. Upon the direction of the P.D.J., Nashik, the C.J.M.,
Nashik considered the judicial inquiry report and passed order under
section 156(3) of the Cr. P. C. Revision was preferred by appellants,
but, it was dismissed. Further, crime was registered against the
accused on dtd. 08.07.2022.
03]
The applicants further contended that to counter blast,
the case against the complainant, present case is filed by him against
them. The in-laws of complainant filed complaint against the
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complainant that he was giving threats on mobile phone to them from
Central Jail, Nashik. The custodial interrogation of the accused is not
required. Accused have not committed the offence and their family is
dependent on them. They have not threatened any witnesses. They are
ready to abide by any conditions imposed by the court. Hence, they have
prayed for grant of anticipatory bail.
04]
APP filed say at Ex. 07 and I. O. filed say at Ex. 08. They
have stated that the offence is of serious nature. The investigation is
going on. The accused will threat the complainant and the witnesses.
The documents are to be seized from Central Jail, Nashik. If the accused
are released on bail, they may abscond. Hence, they have prayed for
rejection of bail.
05]
Heard the learned counsel for the accused and learned APP.

They have argued as per their stand taken as above. The counsel for the
accused relied on several case laws below list Ex. 9. I have gone through
the same. If they are applicable to the facts and circumstances of the
case, they will be relied and discussion upon. Otherwise, for the sake of
brevity, I will not discuss the same.
06]
I have gone through the application, say, arguments, case
laws and police papers. It appears to the court that the alleged incident
is of the year 2016. Firstly, the applicant no. 4 lodged crime against the
complainant under section 353 of the IPC and other provisions of law on
dtd. 24.12.2016 that the complainant used mobile in the Central Jail
and on being caught raid handed, he destroyed it and on inquiry he
assaulted the applicant no. 4. Contrary, after 7 to 8 days, complaint was
lodged against the present applicants that they compelled him to sell
mobile and assaulted him as he denied. Also, it appears to the court that
judicial inquiry of the complaint was done and in that learned
Magistrate found not guilty to the present applicants. Then, learned CJM
issued process against the accused and recently, the crime was registered
against all the accused. On being asked to the I. O., he has stated that
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Cri. Bail Application No. 835 of 2022
the injuries to the complainant are of simple nature. The complainant is
out of danger and shifted to Nagpur Central Prison. Also, it appears to
the court that applicant no. 4 has lodged crime against the complainant
and this is a counter case of the same day, but lodged after 7 to 8 days of
the incident.
07]
All the applicants are public servant and in the last six
years, no complaint is there against them and they have threatened the
prosecution witnesses. The accused have deep roots in the society.
There are very less chances and they will abscond. The grounds stated
by the police in their say does not require the custodial interrogation of
the accused. The accused have no criminal antecedent. The cited case
laws filed below list Ex. 9 are applicable to the facts and circumstances
of the case. As the complainant is at Central Jail, Nagpur. So, there are
very less chances that the accused will threat him. On suitable terms and
conditions, they are entitled for anticipatory bail. Hence, the following
order:
ORDER
01]
Application is allowed.

02]
In the event of arrest, the accused namely 01]
Santosh Bhagwan Khartode, 02] Narendra Suresh
Ahire, 03] Sanjay Maruti Mayekar, 04]
Pradeepkumar Dnyandev Babar, 05] Yashwant
Bhanudas Fad, 06] Madhav Kamaji Khairge, 07]
Vasant Rajaram Supare and 08] Chetan Bhausaheb
Datir be released on bail on executing personal
bond of Rs. 15,000/- with one or more surety in
the likewise amount each respectively in crime no.
216 of 2022 registered with Nashik road Police
Station under sections 307, 326, 324, 295(a),
120(b), 504, 506 read with 34 of the I. P. C., to the
satisfaction of I. O.

03]
The accused shall attend police station on dated
21.07.2022 to 22.07.2022 in between 11.00 a.m.
to 02.00 p.m. and help to the Police in
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investigation and should attend the police station,
as and when their attendances is required by the I.
O.
04]
They 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 to tamper with the
evidence.

05]
They shall not tamper the prosecution evidence in
any manner.

06]
They shall not leave India without permission of
this court.

07]
They shall not commit similar type of offence.

08]
They shall furnish their detailed address with proof
and their mobile number.

09]
Inform the concerned Police station accordingly.

Date : 18.07.2021
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.