CNR No. MHNS010029832022
Order below Exh.1 in Cri. Bail Application No.753/2022.
( Shankar Sukdeo Shinde and others Vs. State )
The present application is moved by the applicant­
accused No.1 Shankar Sukdeo Shinde, No.2 Ravi Shankar Shinde
and No.3 Varsha Ravi Shinde under section 438 of Cr.P.C. in
connection with CR No. 251/2022 registered with Sinnar Police
Station, Dist. Nashik for the offence U/s. 326, 324, 323, 504, 506 of
the Indian Penal Code for the alleged incident of assault occurred
on 5.6.2022. The FIR appears to be registered with the police
station on 9.6.2022.
2.

The applicants­accused have claimed that they are
innocent and submitted that they are also injured in the said
incident. The first informant and injured witnesses are the close
relatives of the applicants­accused. The antecedents of the
applicants­accused are clean. They are agriculturist and local
resident. These and other grounds set out in the application,
applicants­accused have prayed for anticipatory bail.
3.

I.O. ASI G.V. Sarukte is present, who submitted the
report and objected the anticipatory bail application and submitted
that applicants­accused are absconded since the incident. One of the
witness by name Sunita Ratan Shinde has suffered grievous injury.
The iron rod allegedly used in the commission of crime is to be
recovered, prima facie section 326 of IPC is applicable to the fact of
present case and therefore, he prayed that custodial interrogation is
required and to reject the anticipatory bail application.
4.

The learned AGP Shri. S.G. Kadave supported the
contentions of the I.O. and requires thorough investigation and
..2..

recovery of the weapon used in crime and also prayed to reject the
application.
5.

The learned counsel Shri. Ajit Sonawane has submitted
that, applicants­accused are closed relatives of the injured.
Applicants­accused are also suffered injuries. He also pointed that
there is delay in lodging the FIR. The applicants­accused are local
resident and are not jump the bail. They will co­operate the I.O. and
prayed to allow the anticipatory bail application.
6.

On perusal of the record, it appears that the injured
Sunita Ratan Shinde suffered grievous injury i.e. her third left rib is
fractured. On perusal of the FIR, it disclosed that the accused No.2
Ravi Shankar Shinde inflicted iron rod to the injured witness, who
suffered grievous injury, rest of the applicants­accused Shankar and
Varsha also took part in the said assault, they have assaulted by fist
and kick. It is not disputed that applicants­accused are permanent
resident of Harsule, Tal. Sinnar, Dist. Nashik. No previous
antecedents/history of crime is placed on record. Therefore, there is
sufficient room to hold that applicants­accused are agriculturist and
alleged incident took place out of the spur of moment and out of
dispute between the parties.

Therefore, considering the role of
applicant­accused No.1 Shankar Sukdeo Shinde and No.3 Varsha
Ravi Shinde, they both are entitled for anticipatory bail as their
custodial interrogation is not required and nothing is to be
recovered from them. The applicant­accused No.2 Ravi Shankar
Shinde who has inflicted the iron rod and caused grievous injury to
the witness Sunita Ratan Shinde and therefore, considering fact that
said iron rod is to be recovered and considering his serious role
played in the present crime, his custodial interrogation is required
Cri. Bail Application No.753/2022.
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and therefore, no case is made out for granting anticipatory bail
against applicant­accused No.2 Ravi Shankar Shinde.

Hence,
following order.
ORDER
1)
Anticipatory bail application No.753/2022 is hereby partly
allowed.

2)
Application in respect of applicant­accused No.2 Ravi
Shankar Shinde is hereby rejected.

3)
Applicant­accused No.1 Shankar Sukdeo Shinde and No.3
Varsha Ravi Shinde be enlarged on bail on executing
personal bond of Rs.15,000/­ each with sureties in like
amount, in the event of their arrest in C.R. No.251/2022
registered with Sinnar Police Station for the offence U/s.
326, 324, 323, 504, 506 r/w sec. 34 of the Indian Penal
Code.

4)
Applicant­accused No.1 and 3 shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as dissuade them for
disclosing such facts to the Court or to any police officer.

5)
Applicant­accused No.1 and 3 shall attend concerned police
station on every Monday and Friday in between 11.00 a.m.
to 2.00 p.m. in the Sinnar Police Station, Tal. Sinnar, Dist.
Nashik before concerned Investigating Officer and co­
operate in investigation, till filing of charge­sheet.

6)
Applicant­accused No.1 and 3 shall not influence the
prosecution witnesses or tamper with the evidence.

7)
Inform Sinnar Police station, Dist. Nashik.

SHINDE
MADHAV
A
Date­ 18.06.2022
Digitally signed by
SHINDE MADHAV
A
Date: 2022.06.18
18:07:53 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.