Cri Bail Appln. No.1355 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1355 of 2022
CNR NO.MHNS010056562022
1.

Somnath Kacharu Dive
Age : 38 years, Occu.: Labour Work
2.

Samadhan Kalu Dive
Age : 24 years, Occu.: Labour Work
3.

Kalu Kacharu Dive
Age : 65 years, Occu.: Labour Work
All R/o : At­Sapgaon,
Tal. Trimbakeshwar, Dist. Nashik.

… Applicants/Accused.

V/S
State of Maharashtra
Through – Trimbakeshwar Police Station
(C.R. No.200 of 2022)
… Respondent/State.
Appearance :
Ld. Adv. Shri. Sameer Inamdar for Applicants/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Ld. Adv. Shri. Shivram M. Thakare for Intervenor/Complainant.
Shri. C. S. Jadhav, P.S.I., Trimbakeshwar Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 23rd November, 2022)
1.

This is an application filed under Section 439 of Criminal
Procedure Code for grant of regular bail in connection with C.R. No.I­
200/2022 registered with the respondent Trimbakeshwar Police Station for
Cri Bail Appln. No.1355 of 2022 (Or. Exh.1)
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an offence punishable under Section 307, 143, 147, 148, 149, 324, 323, 504
and 506 r/w 34 of the Indian Penal Code.
2.

Read the application and the say filed by the respondent vide
Exh.5. Gone through the written submission filed by Ld. Advocate for
Intervenor/Complainant at Exh.6. Heard Ld. Advocate for applicants, Ld.
A.P.P. for the State, Ld. Advocate for Intervenor/Complainant and the I.O.
Perused the police­papers produced for inspection by the I.O.
3.

It is the case of the prosecution that, on 22.10.2022 at about
12.30 p.m. applicant No.3 abused the mother and the sister­in­law of the
complainant in front of the villagers. This fact was said to the complainant
by his mother. On 23.10.2022, the complainant went to the place of the
applicants and co­accused and asked them as to why applicant No.3 abused
his mother and the sister­in­law. On this, the applicants and the co­accused
got annoyed. Applicants and co­accused hold the complainant and accused
Dnyaneshwar Dive assaulted the complainant in stomach by a knife.
Applicants and co­accused abused and beat the complainant by fists and leg
blows. Matter 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. Complainant,
applicants and co­accused are relatives of each other and a Civil dispute is
going on between them as regards the agricultural field. Ready to abide by
the terms and conditions likely to be impose by the Court. Therefore,
prayed to allow the application.
5.

The grounds of objection are that, offence alleged is serious in
nature. Investigation is in progress. There is likelihood that, the applicants
Cri Bail Appln. No.1355 of 2022 (Or. Exh.1)
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may threaten and pressurize the complainant and the witnesses and tamper
with the evidence. Therefore, prayed to reject the application.
6.

By way of written submissions, the intervenor/complainant
objected for grant of bail on the ground that, the applicants may threaten
and pressurize the complainant to take back the case.
7.

Upon hearing and going through the material placed on
record, what can be gathered is that, the first incident occurred on
22.10.2022, when applicant No.3 abused the mother and the sister­in­law of
the complainant in front of the villagers. The second incident occurred on
23.10.2022, when it is alleged that, applicants and co­accused assaulted,
abused and threatened the complainant. The knife used in the crime came to
be seized by the Police. Investigation is at the verge of completion. There is
a Civil dispute between the parties as regards agricultural field.
Complainant is discharged from the Hospital. There is no chance of
addition of any aggravated section of I.P.C. The apprehension of the
respondent can be taken care by imposing certain conditions. No purpose
will be serve in keeping the applicants behind the bar for an indefinite
period. In the result, the application succeeds. Hence, the order.
ORDER
1.

Criminal Bail Application No.1355 of 2022 is allowed.

2.

Applicant No.1 Somnath Kacharu Dive, No.2 Samadhan Kalu Dive
and No.3 Kalu Kacharu Dive 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 concerned J.M.F.C. in connection
with C.R. No.I­200/2022 registered with the respondent
Trimbakeshwar Police Station for an offence punishable under
Section 307, 143, 147, 148, 149, 324, 323, 504 and 506 r/w 34 of the
Indian Penal Code.

Cri Bail Appln. No.1355 of 2022 (Or. Exh.1)
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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.

6.

Bail before the Ld. J.M.F.C. Court.

7.

In above terms, the Criminal Bail Application No.1355 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 23.11.2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.23
15:13:58 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.