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Criminal Bail Application No.614 of 2022
MHNS010023872022
CRIMINAL BAIL APPLICATION NO.614/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE11
NASHIK AT NASHIK.
Shivdatta Somnath Vishwakarma
Age major, Occ: labourer
R/o. 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 rod, nylon ropes, pepper sprays, cash amount, mobiles,
number 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
that he is falsely implicated in the offence. Nothing incriminating is
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Criminal Bail Application No.614 of 2022
seized from him. Prima facie there is nothing on record to show that the
present applicant alongwith others had assembled with intention in
order to commit dacoity. 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 is not prima
facie made out. The applicant is arrested only on suspicion without any
involvement in the offence. The allegations him are vague. He is
permanently residing at Nashik with his family. 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.5 and 6. It is contended that the offence
charged against the applicant/accused is serious in nature. There is
huge recovery from the applicant which shows that he had made
preparation to commit dacoity. The investigation is at intial 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 applicants. He argued that Section
399 of IPC is not prima facie made out. There is no discovery at the
hands of the present applicants during custodial interrogation. It is also
argued that, on coaccused is already released on bail and so on ground
of parity this applicant be also released on bail.
6.
Per contra, Ld. APP Ms. Patil argued that huge articles are
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Criminal Bail Application No.614 of 2022
recovered from the custody of the present applicants 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 modus operendi 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 applicants 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. In which nearabout 750 golden colour coins and 99
golden colour biscuits 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 applicants. Not only the same 4 number plates of the vehicles were
also seized from the said vehicles. Besides the same the vehicles which
were seized from the spot were bearing fabricated registration number
plates. All these prima facie shows that the applicants alongwith co
accused had made preparation for committing dacoity. At
this
stage
there is sufficient prima facie evidence against the applicant to show his
involvement in the offence.
8.
The Ld. advocate for accused has also argued that accused
no.1 Vasant Pawar is released on bail and so on the ground of parity the
other accused be released. To claim parity the accused should be on
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Criminal Bail Application No.614 of 2022
standing on same footing of the accused to whom bail is granted. In this
case, accused Vasant Pawar is released on bail by the incharge court. On
the gro0und that there was marriage of his his daughter. So this
applicant cannot claim bail on ground of parity. The offence is serious
in nature. The investigation is at initial stage. The ownership of the
seized vehicle is yet to be traced out. Moreover, from where the golden
colour coins and biscuits were prepared has not come on record. The
offence is serious in nature and considering the recovery apprehension
of prosecution that he might commit similar offence is justified at this
stage. Hence for aforestated grounds, at this initial stage it will not
justified to released the applicant on bail. Accordingly, I proceed to pass
the following order.
ORDER
The application is rejected.
RADHIKA
MADHUKAR
SHINDE
Date : 31/05/2022
Nashik
Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.06.02
17:20:12 +0530
(Smt. R.M. Shinde)
Additional Sessions Judge,.
(Court No.11) Nashik.