Seetaram Ramdev Mishra and Anr Vs State of Maharashtra Nashik Sessions Court BA 852 of 2022

1
Cri. Bail Application No. 852 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 852 OF 2022
{Mr. Seetaram Ramdev Mishra and another Vs. The State of
Maharashtra through Ambad Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 220
of 2022 registered with Ambad Police Station under sections 420,
406, 465, 467, 468, 471 read with 34 of the Indian Penal Code.
02]
The applicants contended that false and fabricated case
is registered against them. Alleged forged document is more than 25
years old. There is extra ordinary delay in filing the complaint. They
have not committed the offence.

The said retirement deed was
reflected in the registered firm, bank account and other Govt.
department. The applicants are aged old and having health issues.
They have immovable property at Nashik and have deep roots in the
society.

They have no criminal antecedent.

They will abide any
conditions imposed by the court. Hence, they have prayed for grant
of anticipatory bail.
03]
APP filed say at Ex. 09 and I. O. filed say at Ex. 10. They
have stated that the offence is of serious nature. The complainant and
the accused are brothers. The forged documents is created. Nothing
has been given to the complainant. The accused have not cooperated
in investigation. Also, the complainant filed say and objected the
application and prayed for rejection of the bail.
04]
Heard the learned counsel for the accused and learned
APP. They have argued as per their stand taken as above.
05]
I have gone through the application, say, documents and
arguments on record. It appears that the alleged documents of
retirement of partnership of complainant as the partnership is more
2
than 25 years. The complainant and the accused are brothers. There is
delay in lodging FIR during pendency of the bail application.

The
parties have settled their dispute outside the court. The accused have no
criminal antecedent. Their custodial interrogation is not required. The
dispute appears to be in the family. In the circumstances of the case, the
accused are entitled for the bail. Hence, the following order.
ORDER
01]
Application for anticipatory bail is allowed on
the same terms and conditions as given below
Ex. 4 i.e. interim bail order and interim
anticipatory bail is hereby confirmed.

02]
Inform the concerned Police station accordingly.
RATHI
ROOPESH
RAMSWARUP
Date : 03.10.2022
Digitally signed by
RATHI ROOPESH
RAMSWARUP
Date: 2022.10.04
17:23:02 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.