CNR MHNS010035822020
Order below Exh.1
in Cri. Bail Application No.1266/2020.
{ 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
09.09.2020 in C.R. No. 302/2020 punishable under sections 395,
379, 457, 447, 427, 411 of the Indian Penal Code registered with
Gangapur Police Station, Nashik on the accusation that on
06.08.2020 in between 2 a.m. to 4 a.m. at Maharashtra Police
Training Academy,
Trambak Road,
Nashik,
co­accused have
committed dacoity, they cut down the sandaltree and committed
theft of the same and the applicant accused sold the sandal wood at
Kannoj (U.P.) to one Rafiq Ansari 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. The ingredients
of section 395 of IPC are not made out. He is behind bars from the
date of his arrest. Investigation is almost completed. Therefore, his
further detention is not necessary for the purpose of investigation.
Further co­accused Pradip Kafare is already released on bail. 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
..2..

these lines, he has prayed for bail pending trial.
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. 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 accused. 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. Accused No.4 Pradip Kafare is already enlarged on bail.
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.1266/2020.
..3..

2
Applicant­Somnath Ramdas Jadhav be enlarged on bail, in
Crime No.302/2020 punishable under sections 395, 379,
457, 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
13:48:37 +0530
( Smt. S.C. Jadhav )
Additional Sessions Judge­8,
Nashik.