1 Cri. Bail Application No. 1116 of 2022 ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 1116 OF 2022

{Siddhant @ Golu Jagdish Gaikwad vs. The State of Maharashtra through Ambad Police Station}

This is the second bail application under section 439 of the Criminal Procedure Code, 1973 filed by the applicant-accused in crime No. 262 of 2022 registered with Ambad Police Station for the
offence punishable under section 302 read with 34 of the I. P. C.

02] The applicant contended that false and fabricated case is registered against him. He has no concerned with the crime. He is innocent and not done any offence. He is arrested on suspicion. He is
permanent resident of Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon. His family is dependent on him. Nothing has been seized from the applicant. He is in jail from 14.06.2022. He has no criminal
antecedent. He will cooperate the investigation machinery. Nothing remained to be investigated from him. He is ready to abide by any conditions imposed by the court. He has prayed for grant of bail.

03] learned APP has filed say at Ex. 03 and I. O. has also filed say at Ex. 04. They have stated that the offence is of serious nature. The accused Piyush formed conspiracy with two juveniles in conflict with law and the present accused. The crime has been committed with cold blooded mind and with the weapon i.e. knife and sword. The accused on the say of other accused came at Nashik to commit the crime. One of the juvenile got injured and the present accused wrapped on the injury of him by his shirt. All the accused while running away were seen in five different CCTV footage. T.I.P. is to be done. There is strong evidence against them. If the accused is released on bail, he will threat the prosecution witnesses. Hence, he has prayed for rejection of bail.

04] Heard the learned counsel for accused and learned APP. They have argued as per their stand taken.

05] I have gone through application, say, arguments, documents, police papers. His previous bail application prior to filing of charge sheet was rejected. Now, the charge sheet is filed and the
investigation is completed. So, I have perused the charge sheet. It appears that the other accused caused injuries to the said deceased and not by this accused. As per the prosecution case, he was standing there with his motor cycle and after the crime was committed, he fled with other accused on his motor cycle and helped them after commission of crime. As per the prosecution case, he wrapped his shirt on the juvenile accused as he sustained injury. Nothing is seized from him. Yet, the test identification parade is not done by the police for the reason best known to them. Apart from helping the accused in coming to the spot and fleeing from the spot, he has no role in the crime. Considering his limited role, no criminal antecedent, young age, family responsibilities and the investigation is completed, on suitable terms and conditions, he can be released on bail. Hence, the following order.

O R D E R

01] Application is allowed.

02] Accused namely Siddhant @ Golu Jagdish Gaikwad be released on bail on executing personal bond of Rs. 50,000/- with solvent surety in the likewise amount in crime No. 262 of 2022 registered with
Ambad Police Station for the offence punishable under section 302 read with 34 of the I. P. C.

03] The accused shall attend police station, as and when his attendance is required by the I. O.

04] He shall not directly or indirectly make any inducement, threat or promise to any person
3 Cri. Bail Application No. 1116 of 2022 acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer to tamper with the
evidence.

05] He shall not tamper the prosecution evidence in any manner.

06] He shall not leave India without permission of this court.

07] He shall not commit similar type of offence.

08] He shall furnish his detailed address with proof and his mobile numbers.

09] Bail before concerned court of Judicial Magistrate First Class.

Digitally signed RATHI by RATHI ROOPESH ROOPESH RAMSWARUP RAMSWARUP Date: 2022.09.22 17:56:25 +0530 Date : 21.09.2022 (R. R. Rathi) Additional Sessions Judge-6,Nashik.