Cri Bail Appln. No.1379 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1379 of 2022
CNR NO.MHNS010057512022
1.

Shankar Pandurang Gangode
Age : 20 years, Occu.: Agri. & Education
2.

Deepak Mohan Lilke
Age : 22 years, Occu.: Agri. & Education
3.

Sunil Jairam Gangode
Age : 20 years, Occu.: Agri. & Education
4.

Mukunda Gangaram Lilke
Age : 20 years, Occu.: Agri. & Education
R/o : At­post : Kochargaon, Tal. Dindori,
Dist. Nashik.
… Applicants/Accused.
V/S
State of Maharashtra
Through – Dindori Police Station
(C. R. No.I­361/2022 )
… Respondent/State.

Appearance : Ld. Adv. Goraksh L. Bodke for the Applicants/Accused.
Ld. A.P.P. Smt. B. N. Petkar for the Respondent/State.
Shri. Amol Pawar, PS.I. (I.O.), Dindori Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 30th November, 2022)
1.

This is an application under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in connection with C. R. No. I­
Cri Bail Appln. No.1379 of 2022 (Or. Exh.1)
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361/2022 registered with the respondent Dindori Police Station for an
offence punishable under Sections 307, 323, 143, 147, 149, 504 and 506 r/w
34 of the Indian Penal Code.
2.

Read the application and the say filed by the respondent vide
Exh.5. Heard Ld. Advocate for the applicants, Ld. A.P.P. for the State and
the I.O., who is present in Court.
3.

It is alleged that, on 23.10.2022 at 20.30 hours in front of
Dilip Lilke’s shop the incident had taken place. It is alleged that, when the
complainant and the witness was standing on the above spot at that time,
the applicant No.1 threw the fire­crackers on his person. On that, quarrel
took place between them and they abused the complainant and the
witnesses and went away. It is further alleged that, applicants and the other
accused persons unlawfully gathered on the spot thereafter and quarrel with
the complainant and the witnesses and abused them. Accused Nos.1 and 2
assaulted the complainant and the witnesses by knife. The witness was
assaulted on his stomach by the knife and the complainant was assaulted on
his hand by the knife. Incident came to be reported to the Police.
4.

It is the case of the applicants that, they are falsely implicated.

Nothing is to be recovered or discovered at their instance. Custodial
interrogation of these applicants is not necessary. Ready to abide by the
terms and conditions likely to be impose by the Court. Investigation in their
regard is over. Therefore, prayed to allow the application.
5.

The grounds of objection are that, offence alleged is serious in
nature. Witness is admitted in Trident Plus Super Specialty Hospital,
Dindori, statements of complainant and injured witness under Section 164
Cri Bail Appln. No.1379 of 2022 (Or. Exh.1)
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of Cr.P.C. are yet to be recorded. Custodial interrogation of the applicants is
necessary. There is an apprehension that, the applicants may again commit
the similar offence. The applicants may threaten and pressurize the
complainant and the witnesses, if released on bail. Other accused are yet to
be arrested. Therefore, prayed to reject the application.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the accused Nos.1 and 2 came to be
arrested and they were in Police custody and thereafter they are in judicial
custody. In the Year­2020, one of the accused had filed the complaint
against the complainant and others under Section 326 and other sections of
I.P.C.
7.

In the above back­drop, if we consider the case in hand, one
will find that, there is two groups in the village and there was previous
enmity between the groups. The complainant and the witness came to be
assaulted by accused Nos.1 and 2. Knife used in the crime is recovered.
Accused Nos.1 and 2 are granted bail by this Court today. As far as, these
applicants is concerned, they were present on the spot of incident. Their
role is that, they assaulted the complainant and the witness by fists and leg
blows and also abused and threatened them. Witness is admitted in the
hospital. Custodial interrogation of the applicants is necessary to certain the
intention and motive of the applicants in committing the crime. Knife is
recovered that does not mean that custodial interrogation of the applicants
is not necessary. There is a prima­facie case made out by the respondent.
Offence alleged is serious in nature. Therefore, this Court finds that, the
application fails.

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8.

As far as the authority relied by Ld. Advocate for applicants
i.e. “Sachin Vasantrao Taware v/s State of Maharashtra and Others,
reported in 1980 Cri.L.J.1125.” In this authority, the applicant was not
present on the spot of incident and his name cropped­up in the investigation
from the confession made by the co­accused. Therefore, His Lordship’s of
the Hon’ble Bombay High Court granted pre­arrest bail to the applicant. In
our case in hand, it is alleged that, the applicants were present on the spot.
Therefore, the said authority is not applicable to our case in hand. In the
result, the following order.
ORDER
1.

Criminal Bail Application No.1379 of 2022 is rejected.

2.

Inform the order to the I.O. and the concerned Ld. J.M.F.C.
Court.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 30/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.30
13:40:26 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.