Cri. Bail Appln. No.398 of 2022 (Or below Exh.1) 1 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT – NASHIK.

(Presided over by Mr. M. H. Shaikh) Criminal Bail Application. No.398 of 2022

CNR No. MHNS010013732022

1.Shailesh Suryakant Sanluke
Age : 36 years, Occu. : Business

2.Nilesh Suryakant Sanluke
Age : 34 years, Occu. : Services

3.Vinayak Pandurang Rane
Age : 40 years, Occu. : Business
Sr. Nos.1 to 3 R/o : N­31/F­2/14/6, Maharana Pratap Chowk, CIDCO,
Nashik.

4.Hemant Yashwant Wankhede
Age : 32 years, Occu. : Business
R/o : Ved Sahnivas Apartment,
Rajiv Nagar, Nashik.

5.Barkya @ Vicky Khajya Pavra
Age : 31 years, Occu. : Labour
R/o : At­post : Pimpri, Tal. Dhadgaon, Dist. Nashik.

6.Umesh Chundya Pavra
Age : 26 years, Occu. : Labour
R/o : Uttam Nagar Stop, CIDCO,
Nashik. … Applicants/Accused.

V/S

State of Maharashtra Through Ambad Police Station. (C.R. No.I­126/2022) … Respondent/State.

Appearance :

Ld. Adv. Shri. V. R. Deshpande for Applicants/Accused.

Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.

Shri. Kiran Shewale, P.S.I. (I.O.) prsent.

ORDER BELOW EXH. N0.1
(Delivered on 31st March, 2022)

1.This is an application filed under Section 439 of Criminal Procedure Code for grant of regular bail in Crime No.I­ 126/2022 registered with the respondent Ambad Police Station for an offence punishable under Sections 143, 147, 148, 149, 323, 324, 427, 452, 504 and 506 r/w 34 of the Indian Penal Code.

2.Perusal of the F.I.R. reflects that the incident occurred on 16.03.2022 at about 05.15 p.m. at the Office of Sub­Registrar, wherein applicant No.2 Nilesh was present in the Sub­Registrar Office and some quarrel took place between the applicant No.2 and the complainant.

Thereafter, the second incident occurred at about 05.40 p.m. at the Office of the complainant, wherein all these applicants entered in the Office of the complainant abused him, threatened and assaulted him and thereafter they ran away from there. The complainant went to the Police Station and narrated the incident. The complainant came to be admitted in the Hospital and after the discharge, he lodged the report with the Police.

3.It is the case of the applicants that they are innocent and has been falsely implicated in this case. Complainant is an Advocate and belongs to political party. The election is going to take place at Nashik, therefore, there is a false implication. There is a delay in lodging the F.I.R. The applicants are behind the bar since long. Investigation is almost completed. Nothing is to be recovered or discovered at the instance of the applicants. They are ready to abide by the terms and conditions. Therefore, prayed to allow the application.

4.Respondent filed their say vide Exh.4 and objected on the grounds that the Charge­sheet is to be filed. The applicants and the complainant are resident of the same vicinity. Both of them belong to the political parties. The offence alleged is serious in nature. Statements of the witnesses are to be recorded. There is likely­hood that the applicants may tamper with the evidence and threatened and pressurized the complainant and witnesses. Therefore, prayed to reject the application.

5.Heard Ld. Advocate for the applicants, Ld. A.P.P. for the State and the I.O. in person. So also gone through the police­papers produced for inspection by the I.O.

6.Upon hearing and going through the material placed on record, what can be gathered is that on 16.03.2022 two incidents occurred, one at the Office of the Sub­Registrar and second at the Office of the complainant. The offences alleged are triable by the Ld. J.M.F.C. Muddemal is seized by the Police. Perusal of the police­papers reflects that the investigation is at the verge of completion. No purpose will be served in keeping the applicants behind the bar. As far as, the apprehension of the respondent is concerned, those can be taken care by imposing certain conditions upon the applicants. Ld. Additional C.J.M., Nashik lost the sight of the principle i.e. “ Bail is a rule and jail is an exception” . In the result, the following order.

ORDER
1.Criminal Bail Application No.398/2022 is allowed.

2.Applicant No.1 Shailesh Suryakant Sanluke, 2. Nilesh Suryakant Sanluke, 3. Vinayak Pandurang Rane, 4. Hemant Yashwant Wankhede, 5. Barkya @ Vicky Khajya Pavra and 6. Umesh Chundya Pavra be released on bail on their executing a personal bond of Rs.15,000/­ each with one solvent sureties in like amount to the satisfaction of the concerned Ld. Additional C.J.M., Nashik

3. Applicants not to threaten and pressurize the complainant and witnesses.

4.Applicants not to tamper with the prosecution witnesses.

5.Applicants not to commit similar offence and to co­operate the Investigating Officer as and when he calls under written intimation.

6.Bail before the Ld. Additional C.J.M., Nashik

7.In above terms, the application stands disposed off accordingly.

MUSHTAQUE Digitally signed by MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.04.01 16:44:21 +0530 Place : Nashik. (M. H. Shaikh) Date : 31/03/2021 Additional Sessions Judge, Nashik.