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Cri.B.A.No.1311/2022
Criminal Bail Application No.1311/2022
CNR No. MHNS010055272022
[Siddhant @ Siddharth Chandrakant Jadhav V s. State]
Order below Exh.1.
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with Cr.No.I416/2022 of
Panchavati P. S., for offences punishable under Sections 307, 326,
324, 323, 452, 427 r.w. 34 of I.P.C., on the basis of FIR lodged by
Umesh Chandrakant Gade.
2.
Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That he has
never assaulted informant or his friend. There is delay in lodging
FIR. Sec.307 and 326 of IPC are not attracted to the offence. He is
only bread earner in the family. He is permanent resident of Nashik.
He is 19 years old. He is ready to abide by all the terms and
conditions imposed by the court. He will not pressurize witnesses
and will cooperate investigation machinery. On these main grounds
and others have prayed for bail.
3.
Notice was issued to State. State appeared through Ld.
APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that absconding accused are to be arrested. If released
on bail, he will pressurize witnesses. Investigation in respect of
misappropriated amount is to be done. There is a possibility of
commission of serious offence in future. Offence is serious one.
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Cri.B.A.No.1311/2022
Investigation is at preliminary stage. On these main grounds and
others have prayed for rejection of bail application.
4.
Heard Ld. Advocate Mr.S.J.Deshpande for applicant.
Perused bail application.
Heard Ld. APP Mr.Kotwal assisted by
Ld.Adv.Mr.Deshmukh. Perused police papers and say filed by
Panchavati police station.
5.
On perusal of F.I.R. as well as case papers, it is apparent
that, Siddharth Chandrakant Jadhav along with his companions
namely Pravin @ Gatlya Janardan Jadhav and Rahul Nirbahvane
entered cabin of informant with sickle in their hand, inquired him
about one Mr.Bablu and thereafter, has abused and caused damage
to the cabin, computer, AC printer etc. Thereafter Siddharth Jadhav
has assaulted on right arm of the informant. When Siddharth tried
to assault on the head of the informant, Mangesh Lahamge, to save
informant, forwarded his right hand because of which he incurred
grievous injury on his palm. Thereafter, they have assaulted Jagdish
@ Bablu Bhalla. Even, after the incident, amount of Rs.1,31,000/
was missing.
6.
The name of the present applicant is mentioned in FIR.
Siddharth along with two companions entered the cabin of
informant with sickle in their hands. Siddharth assaulted informant
and tried to commit his murder. From the FIR, it reveals that by the
grace of God, informant was saved as his friend Mangesh Lahamge
took the blow on his hand. The applicant is prime accused in the
crime. From FIR, it can be gathered that there is prima facie case of
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Cri.B.A.No.1311/2022
attempt to murder. The medical report suggest grievous injury to
palm of Lahamge Mangesh Ramesh, Thenar artery and recurrent
branch of median nerve cut with loss of opposition of thumb,
Thumb flexion and extension normal.
7.
The applicant being prime accused, it will not be
appropriate to exercise discretion of anticipatory bail in his favour.
Hence, following order is passed.
ORDER
(1).
Application stands rejected.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 31/10/2022
Digitally signed by
VARDHAN
PRATAPRAO
DESAI
Date: 2022.11.01
11:02:52 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.