CNR MHNS010035812020
Order below Exh.1 in Cri. Bail Application No.1265/2020.
{ Somnath Ramdas Jadhav Vs. State }
This is an application under section 439 of the Criminal
Procedure Code for grant of bail pending trial.
2.

Brief facts giving rise to this application can be narrated
as follows.
The
applicant­accused
came
to
be
arrested
on
05.09.2020 in C.R. No. 285/2020 punishable under sections 395,
379, 452, 447, 427, 411 of the Indian Penal Code registered with
Gangapur Police Station, Nashik on the accusation that on
14.07.2020 at about 3 a.m. from the bungalow premises of Principal
Mr. Suryawanshi of HPT College, Nashik, co­accused have committed
dacoity, they cut down the sandaltree and committed theft of the
same and the applicant accused sold the sandalwood at Kannoj
(U.P.) and thereby committed offence.
3.

The applicant contends that he has not committed any
offence as alleged by the prosecution. There is nothing on record to
show his involvement in the commission of offence. Only on the
basis of statement of coaccused, applicant is arrested. He is behind
bars from the date of his arrest. Investigation is almost completed.
Nothing is to be recovered or discovered from him. Therefore, his
further detention is not necessary for the purpose of investigation.
He is having permanent place of abode and roots in the society. He
is ready to furnish the surety to the satisfaction of this Court and also
ready to abide by the conditions, if any, imposed by this Court. On
these lines, he has prayed for bail pending trial.

..2..

4.

The respondent State filed its reply and inter­alia denied
all the adverse allegations made by the applicant and reiterated
prosecution case. There is prima­facie sufficient material on record
to show the involvement of the applicant in the commission of the
offence.

There is bank statement which shows that accused has
received the amount and lateron distributed the same to co­accused.
If the accused is released on bail, he may hamper or tamper with the
prosecution witnesses. On these lines, respondent State has prayed
for rejection of the bail petition.
5.

Heard the learned advocate Mr. Kulkarni appearing on
behalf of the applicant and the learned A.P.P. Mr. Chandrakor.
Prima­facie, it is seen that initially offence under section 379 of IPC
was registered against unknown accused. Nothing is recovered or
discovered at the instance of applicant­accused.

His name is
transpired during the statement of co­accused. There is no reason to
believe that he has committed an offence punishable with death or
life imprisonment. The applicant is behind the bars from the date of
his arrest. He is ready to co­operate in further investigation and to
furnish sufficient surety. He is also ready to abide by the conditions,
if any, imposed by this court.

No useful purpose will suffice by
keeping him behind bar till filing of the charge­sheet or conclusion of
the trial, when he is ready to furnish surety and ready abide by the
conditions. Considering the aforesaid facts, I am of the opinion that
the applicant has made out case for grant of bail on certain terms and
conditions. With this, I proceed to pass the following order.
ORDER
1
Application is hereby allowed.

Cri. Bail Application No.1265/2020.
..3..

2
Applicant­Somnath Ramdas Jadhav be enlarged on bail, in
Crime No.285/2020 punishable under sections 395, 379,
452, 447, 427, 411 of the Indian Penal Code registered with
Gangapur Police Station, Nashik, on furnishing personal
bond of Rs.25,000/­ with one or two sureties in like amount.

3
He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as dissuade them for disclosing such facts to the
Court or to any police officer.

4
He shall not commit similar or any other offence and misuse
the liberty granted by this Court.

5
He shall attend the concerned police station once in a week
on every Monday in between 10 a.m. to 01 p.m. till filing of
the charge­sheet and co­operate in further investigation.

6
He shall furnish his address proof, identification proof and
mobile number, if any, and shall not change his residential
address without informing Investigating Officer.
Seema
Chandrakant
Jadhav
28 September, 2020.
th
Digitally signed by Seema
Chandrakant Jadhav
Date: 2020.09.30
13:48:05 +0530
( Smt. S.C. Jadhav )
Additional Sessions Judge­8,
Nashik.