Cri Bail Appln. No.1369 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.1369 of 2022
CNR NO.MHNS010057412022
1.
Shravan Pandurang Gangode
Age : 21 years, Occu.: Agri. & Education
2.
Anil @ Ganesh Gangaram Lilke
Age : 21 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 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 439 of Criminal Procedure
Code for grant of bail in connection with C. R. No. I361/2022 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.
Cri Bail Appln. No.1369 of 2022 (Or. Exh.1)
2
2.
Read the application and the say filed by the respondent vide
Exh.4. 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. Applicant 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. 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 of Cr.P.C.
are yet to be recorded. 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.
Cri Bail Appln. No.1369 of 2022 (Or. Exh.1)
3
6.
Upon hearing and going through the material placed on record,
what can be gathered is that, the applicants came to be arrested and they were
in Police custody and thereafter now they are in judicial custody. In the Year
2020, one of the applicants had filed the complaint against the complainant
and others under Section 326 and other sections of I.P.C. Applicants are in
custody since their arrest i.e. 24th October, 2022. Almost one month passed.
Recovery and discovery is made. Investigation as regards, these applicants is
over. No purpose will be served in keeping the applicants behind the bar for an
indefinite period. Injured witness is discharged from the Civil Hospital,
Nashik and now he is again admitted in the Hospital at Dindori. It is not
reported that, he is serious. No criminal antecedents are reported by the
respondent of the applicants. Applicants are young and students. Therefore,
considering the facts and circumstances of the case, this Court finds that, the
applicants are required to be admitted to the bail on certain conditions. Hence,
the order.
ORDER
1.
Criminal Bail Application No.1369 of 2022 is allowed.
2.
Applicant No.1 Shravan Pandurang Gangode, No.2 Anil @ Ganesh
Gangaram Lilke be released on bail on their executing a personal bond
of Rs.15,000/ each with solvent sureties in like amount to the
satisfaction of the Ld. J.M.F.C. in connection with C. R. No. I
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.
3.
Applicants not to threaten and pressurize the complainant and the
witnesses.
4.
Applicants not to tamper with the prosecution evidence.
5.
Applicants not to repeat the same offence in future.
Cri Bail Appln. No.1369 of 2022 (Or. Exh.1)
4
6.
Applicants to remain present before the I.O. at the respondent Dindori
Police Station on every Monday after their release in between 11.00
a.m. to 01.00 p.m. and cooperate the I.O. till filing of chargesheet.
7.
Inform the order to the I.O. and the Ld. J.M.F.C. Court.
8.
Bail before the Ld. J.M.F.C. Court.
9.
In above terms, the Criminal Bail Application No.1369/2022 stands
disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 30/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.30
13:40:00 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.