CNR
No.
MHNS010024612022
Order below Exh. 1 in, Cri. Bail Application No. 647/2022
(Santosh Ramesh Date applicant (accused 1) Vs. State )
This is an application for bail u/s. 439 of the Cr.P.C.
in C. R.121of 2022 registered with Bhadrakali Police Station,
Nashik u/ss. 326,323,504,506 R/w. 34 of The Indian Penal
Code(IPC).
2.
The learned counsel Mr.S.J.Deshpande for the applicant
submits
that, he is
innocent person and has been falsely
implicated. Applicant is ready to abide by any of the terms and
conditions to be imposed by this Court. The applicant was arrested
on 13.05.2022 and till today he is in judicial custody. Learned
Judicial Magistrate, First Class, Nashik has rejected application for
bail of applicant on the ground that, investigation is in progress
and he may pressurize the witnesses.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis
(Exh.6) adopted say filed by Investigating officer (I.O.) (Exh.5)
and strongly objected this application. I.O. is present alongwith
police case papers .
4.
Prosecution’s case is that, on 12.05.2022 at about 10.15
to 10.30 p.m., when informant Pankaj
Balasaheb Date was
standing at Dingarali, Sambhaji Chauk, applicant his uncle Santosh
Date and his son Sagar Date accused 2 came there and on account
of torning banner,applicant caused hurt to informant by means of
..2..
Sharpe weapon on his right hand and struck him by fist and kick
blows. Accused Sagar Date struck informant by stone and abused
him in filthy language. Hence, informant lodged report against
accused.
5.
Learned A.P.P opposed this application on the grounds
that, offence
is serious, accused has been named in the FIR.
Accused may
abscond and hamper and tamper prosecution
witnesses or evidence. Applicant is harden criminal,six cases are
pending against him in
Bhadrakali Police Station, Nashik and
custodial interrogation is required.
However, they cannot be
considered as satisfactory grounds to deny the bail.
6.
I have perused certificate of Doctor dated 13.05.2022.
Detailed injury report is awaited. Offences alleged are not
punishable with death or life imprisonment conjunctively.
Applicant has got fixed and permanent place of residence.
Sufficient time has already been granted to the police for
investigation. Offences are triable by Ld. J.M.F.C. In the
circumstances, no purpose would be served by keeping him behind
the bar for indefinite period. Certain conditions may suffice the
purpose. Consequently,
applicant
deserve
bail. Hence, the
following order.
ORDER
1.
This application stands allowed.
2.
Applicant(accused 1) Santosh Ramesh Date shall be
released on bail, in C. R.121of 2022 registered with
Bhadrakali Police Station, Nashik u/ss. 326,323,504,506
R/w. 34 of I.P.C., on executing personal bond of
Rs.25,000/, with one or two sureties in the like amount.
..3..
Cri.Bail No..
3.
He shall not leave India without prior permission of
the Court.
4.
He shall not tamper with the prosecution witnesses.
5.
He shall attend the police station on each Monday for one
month in between 11.00 a.m. to 1.00 p.m., or as and when
called by I.O. under prior written intimation.
6.
Bail before Ld. J.M.F.C.
Date :09.06.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.