…1…
Criminal Bail Application No.707 of 2022
MHNS010028622022
CRIMINAL BAIL APPLICATION NO.707/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE11
NASHIK AT NASHIK.
Shilpat @ Sampat Rajaram Mudha
Age 48, Occ: Agriculturist
R/o. Alangun Tal. Surgana,
Dist. Nashik.
}
}
}
}..Applicant/accused
V/s.
State of Maharashtra
Through P.I. Vani Police
Station
(CR No. 84 of 2022)
..Opponent
ORDER BELOW EXH.1
1.
The applicant/accused has filed this application for grant of
bail U/s.439 of the Cr.P.C. in Crime No.84/2022 of Vani Police Station
for the offence punishable U/s.399 of the Indian Penal Code.
2.
The case of the prosecution is that on 29/04/2022 at about
23.10 hrs. the present applicant alongwith other 6 accused was found at
Khirad phata on Saputara to Vani road in 3 vehicles, wherein screw
driver, iron rods, nylon rope, pepper sprays, cash amount, mobiles
numbers plates of vehicles, golden coloured biscuits and coins etc. i.e.
total 32 articles were found from their possession, with the help of
which they had made preparation to commit dacoity. Hence, the report.
3.
The applicant has filed this bail application on the ground
…2…
Criminal Bail Application No.707 of 2022
that he is falsely implicated in the offence. Nothing is incriminating
seized from him. Moreover, there is nothing on record from which it
can be said that the applicant and others had been to commit dacoity.
The offence registered under Section 399 of IPC prima facie is not made
out. The applicant is arrested only on suspicion without any
involvement in the offence. The allegations against him are vague. He is
permanently residing at Tal. Surgana, Dist. Nashik with his family
members, he has no criminal antecedents. No purpose will be served by
keeping him behinds the bar. So it is prayed that he be released on bail.
4.
The APP and I.O. have contested this bail application by
filing pursis and say vide Exh.3 and 4. It is contended that the offence
charged against the applicant/accused is serious in nature. There is
huge recovery from the applicant and other coaccused which shows
that he had made preparation to commit dacoity. The investigation is
at initial stage. The ownership of the vehicles seized in the crime is yet
to be traced out. Moreover considering the gravity of the offence and
the material seized from them, if he is released on bail he is likely to
commit similar offences. He is likely to pressurize the witnesses. So it is
prayed that application be rejected.
5.
Heard Ld. Advocates for applicant. She argued that Section
399 of IPC is not prima facie made out as the applicant and other
accused were not found while they had made preparation for
committing decoity. So it is argued that as the Section 399 of IPC itself
is not made out, the applicant be released on bail. It is also argued that
accused no.1 is the main accused in this crime and the present applicant
who was the driver, is falsely implicated in the crime. So it is argued
that the applicant be released on bail and he is ready to abide by terms
…3…
Criminal Bail Application No.707 of 2022
and conditions imposed on him.
6.
Per contra, Ld. APP Ms. Patil argued that huge articles are
recovered from the custody of the present applicant and other co
accused. The golden colour coins, biscuits, pepper spray etc. seized from
their custody itself prima facie shows that they intended to commit
dacoity by alluring persons. Moreover, some number plates were also
found from the seized vehicles which shows the modusoperandi and
their preparation for committing the offence of dacoity. So considering
the gravity of the offence and the mudemal seized from the custody of
the applicants, it is argued that the application be rejected.
7.
Considered the submissions. Gone through the FIR. It is
alleged in the FIR that the present applicant and other coaccused were
caught when they had made preparation to commit dacoity. The say of
I.O. shows that in all 32 articles were seized from the applicants and
other coaccused. These articles includes 750 golden colour coins and
99 golden colour biscuits which were seized from the vehicles in which
the present applicant and other co accused were found. Also cash
amount was seized from the said vehicle. At this stage, no explanation
whatsoever regarding possession of the same has come on record from
the applicant. Not only the same 4 number plates of the other vehicles
were also seized from the said vehicles. Besides the same the vehicles
which were seized from the spot were having fabricated registration
number plates. All these prima facie shows that the applicant alongwith
coaccused had made preparation for committing dacoity.
8.
At this state there is sufficient prima facie material against
the applicant to show his involvement in the offence. The investigation
…4…
Criminal Bail Application No.707 of 2022
is at initial stage. The ownership of the seized vehicle is yet to be traced
out. Moreover, who has manufactured the golden colour coins and
biscuits and from where the same were brought has not come on
record. So considering the aforestated reasons and as the offence is
serious in nature and considering the recovery, the apprehension of
prosecution that if applicant is released on bail, he might commit
similar offence is justified at this stage. Hence for aforestated grounds at
this initial stage it will not justified to release the applicant on bail.
Accordingly I proceed to pass the following order.
ORDER
The application is rejected.
RADHIKA
MADHUKAR
SHINDE
Date : 15/06/2022
Nashik
Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.06.16
11:52:49 +0530
(R.M. Shinde)
Additional Sessions Judge,.
(Court No.11) Nashik.