CRIMINAL BAIL APPLICATION NO. 652/2022
MHNS010025042022
Somnath Karbhari Sanap,
Age: 30 yrs., Occ: Agri. Business
R/o. Shivare, Tal. Niphad
Dist. Nashik.
Age: 39 yrs., Occ: Agri.

… Applicant
V/s.
The State of Maharashtra,
Through Police Inspector,
MIDC Sinnar Police Station,
(CR. No. 41/2022)
… Respondent
ORDER ON EXH. NO.1
1.

The applicants have filed this application for grant of bail
as per section 439 of Cr.P.C. in Crime No.41/2022 of MIDC Sinnar
Police Station for the offence punishable under sections 326, 325, 323,
and 504 r.w. 34 of IPC.
2.

The brief facts of the present case are that :­
The informant Amol Rajaram Pawar has lodged report
against the accused on 23/01/2022 alleging that when he and his
friends namely Keshav Nathe, Sidharth Sonawane, Raju, Pappu Nathe
were proceeding towards Payal Kalakendra at about 5.45 a.m., his
friend Keshav unknowingly gave dash to present applicant Somanath
who was standing near the gate. Due to the said reason he and other
unknown person abused and assaulted his friend Keshav by kicks, fist
and blows. Whereas present applicant Somanath assaulted him by
hockey sticks on his head. So when the informant had been near his
friend the present applicant Somnath assaulted him by hockey stick on
his head, legs etc. Whereas other persons also assaulted him and his
friends. Hence, the report.
3.

The applicant by this application has contended that he is
falsely implicated in the offence only on suspicion. He is local resident
of Shivare Tal. Niphad. He is not having any criminal antecedents.
Nothing is to be recovered from the him. His daughter Sanavi who is 3
years and 6 months old is hospitalized at Mumbai and so considering
the same and for the aforestated grounds it is prayed that the
application be allowed.
4.

The Ld. APP and the I.O. have contested this application by
filing pursis and say vide Exh.5 and 6 respectively. They have
contended that the offence charged is serious in nature if applicant is
released on bail, he might tamper with the witnesses. So it is prayed
that application be rejected.
5.

Heard Ld. Adv. Mr. Gangavane for the applicant. He argued
that the other two accused in this crime are already released on bail. So
on the ground of parity this accused be also released on bail. He also
argued that custodial presence of this applicant is not necessary and no
purpose will be served by keeping him behind the bars. So he argued
that application be allowed.
6.

The Ld. APP Mrs. Patil on the other hand argued that the
offence charged against the applicant is serious in nature. The applicant
has assaulted the informant and others without any reason. So
considering the same and gravity of the offence, the application be
rejected.
7.

Considered the arguments. The record shows that the
applicant is arrested on 22/05/2022. Since then he is in MCR. The
present crime is registered under Section 326 etc. of IPC. against him
and two other accused. It has also come on record that the other two
accused are already released on bail. The weapon allegedly used in this
offence is already recovered and nothing is to be recovered from this
applicant. The record shows that after the arrest of the applicant the
I.O. has put forth the report of MCR. So from the same it can be
gathered that the custodial interrogation of the applicant is not
necessary.
8.

The APP has contested this application on the ground that
the applicant is likely to tamper with the witnesses. However, only this
ground the application cannot be rejected but certain conditions can be
imposed on him in that connection. Hence, considering the aforestated
facts, it would be justified to considered his request. It has also come on
record that the injured are discharged from the hospital. Hence,
considering the same and also considering the fact that the offences
charged against the applicant are triable by Magistrate, and other two
co­accused are already released on bail, no purpose will be served by
keeping this applicant behind the bars. Considering the nature of the
offence, I observe that by imposing necessary stringent conditions, so
that applicant will not abscond or tamper with the witnesses, he can be
released on bail. The present application thus deserves to be allowed
and I accordingly proceed to pass the following order.
ORDER
1.

The application is allowed.

2.

The applicant Somnath Karbhari Sanap be released on bail, on his
executing personal bond of Rs.15,000/­ along with one surety of
like amount subject to following conditions:
i.

He shall not abscond or tamper with the witnesses and
co­operate in the investigation.

ii.

He shall furnish his address proof and that of his two near
local relatives alongwith their mobile numbers.

iii.

He shall attend MIDC Sinnar Police station on every
Tuesday from 10.00 a.m. to 2.00 p.m. till filing of charge
sheet.

3.

In the event of breach of any of the conditions, his bail bonds
shall be liable to be cancelled.

4.

Bail before Ld. Judicial Magistrate, at Sinnar.
RADHIKA
MADHUKAR
SHINDE
Date:­ 01/06/2022
Nashik.

Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date: 2022.06.02
17:44:54 +0530
(Smt. R.M. Shinde )
Additional Sessions Judge,
Nashik.