CNR
MHNS010042192022
Order below Exh.1 in Cri. Bail Application No.976/2022.
[ Siddharth Pandurang Bhor Vs. State ]
This bail application is moved by the applicantaccused
Siddharth Pandurang Bhor for releasing him on bail under section
439 of Cr.P.C., in connection with CR No.72/2022 registered with
Ghoti Police Station, Tal. Igatpuri for the offence U/sec. 307, 323,
504, 427 of Indian Penal Code, registered on 7.6.2022. Applicant
accused was arrested on 7.6.2022 and produced before the Court and
remanded to Police custody till 9.6.2022 and thereafter remanded to
Magisterial custody and since then he is in jail.
2.
The alleged incident took place on 6.6.2022 when quarrel
took place between applicantaccused and Arif Mohammad Pansare,
who is first informant in the present case and sustained bleeding
injury to his stomach by the alleged assault by knife at the hands of
applicantaccused. The applicantaccused is local resident and has
permanent residence at Ghoti, Tal. Igatpuri. Previousl bail application
bearing No.775/2022 was rejected by this court on the ground that
investigation is in progress. Now, the investigation is completed and
chargesheet is filed in the court bearing RCC No.101/2022 and it
will take time to commence the trial, these and other grounds set out
in the application, he prayed to grant bail.
3.
Police have filed their report vide Exh.5. I.O. is present
with documents i.e. copy of chargesheet. Heard, both the parties.
4.
The learned counsel Shri. A.I. Deshmukh has submitted
that injured is discharged from the hospital. There is no reason to
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keep the applicantaccused behind the bar. The antecedents of the
applicantaccused are clean. The alleged weapon used in the crime
is already seized and therefore, no purpose will be served by
keeping him behind the bar. Investigation is completed and
chargesheet is filed in the court. Applicantaccused is ready to
abide all the conditions laid down by this Court and hence, prayed
that applicantaccused may be released on bail.
5.
On the other hand, learned APP submitted that the
applicantaccused has assaulted by knife and caused multiple
injuries on chick and as well as on the stomach of the first
informant and thereby sustained bleeding injuries. The injured was
operated in the hospital for his injuries. There is apprehension in
the mind of the first informant and therefore, he submitted that it
would not be proper to released the applicantaccused on bail,
because the applicantaccused may pressurized the first informant
and other witnesses as both are residing in same village.
6.
I.O. in the report submitted that due to the said
incident communal harmony in the Ghoti village is also disturbed
and the law and order situation is grave.
7.
Thus, considering the entire documents placed before
me it appears that nothing has been placed on record by the I.O.
that at present communal harmony in Ghoti village is at stake.
Previous application was rejected as the investigation is in
progress. Now the chargesheet is filed in the court and it will take
time to commit the same to this Court. The necessary condition
can be laid down that applicantaccused shall not enter in Igatpuri
Cri. Bail Application No.976/2022 .
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Taluka for Three months. Therefore, considering all these
situation, I am inclined to allow the present bail application.
Accordingly, following order is passed.
1.
ORDER
Bail application No.976/2022 is hereby allowed.
2.
Applicantaccused Siddharth Pandurang Bhor, in
connection with CR No.72/2022 registered with Ghoti
Police Station, Tal. Igatpuri for the offence U/sec. 307,
323, 504, 427 of Indian Penal Code, be released on bail on
executing bond of Rs.30,000/ with one or two sureties in
like amount.
3.
He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.
4.
He shall not threaten or tamper the prosecution witnesses
in any manner.
5.
He shall not enter in Igatpuri Taluka for Three months from
today, except for attending the Igatpuri Court for committal
of the case with prior intimation of police station concern.
6.
He shall attend the Court on given dates.
7.
In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.
8.
Bail in lower court.
9.
Inform to concern police station accordingly.
SHINDE
MADHAV A
Date 18.08.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.08.18
17:40:11 +0530
( M. A. Shinde )
Additional Sessions Judge9,
Nashik.