CNR No. MHNS010023382022
Order below Exh.1 in Cri. Bail Application No.584/2022.
( Somnath Shankar Kadu and another Vs. State )
The present application is moved by the applicant­
accused Somnath Shankar Kadu and Kishor Shankar Kadu under
section 439 of Cr.P.C. in connection with CR No.9/2022 registered
with Igatpuri Police Station, Dist. Nashik for the offence U/s. 302,
307,452,427,143, 147,148,323,504,506 r.w.s. 149 of the Indian
Penal Code, under section 4/25 of the Arms Act and section 37(1)
(3) r.w.s.135 of the Maharashtra Police Act.
2.

It is stated in the application that, the present
applicant­accused were arrested on 30.1.2022 and they were
produced before learned JMFC, Igatpuri and was remanded to
Police custody till 3.2.2022 and since then they were in Magisterial
custody. It is also stated that, their names are also not mentioned
in the FIR and the charge­sheet is filed in the court bearing RCC
No.56/2022. It is further stated that, during investigation it is not
revealed that they had committed offence and therefore, closure
report is filed against them, however, learned JMFC, Igatpuri has
directed the Investigating Officer to re­investigate the crime. It is
also stated that they are innocent, these and other grounds set out
in the application, prayed to allow the application.
3.

Application is opposed by the State by filing report vide
Exh.5 and 6.
4.

Perused the record. Heard, both the parties.

5.

The learned counsel for applicant­accused Shri. Navale
has submitted that after re­investigate the matter Investigating
Officer has filed their closure report vide O.No.1128/2022 dated
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25.5.2022. Therefore, considering this fact, the applicant­accused
may be enlarge on bail on terms and condition laid down by this
court.
6.

The learned APP Smt. A.P. Patil has confirmed the fact
that closure report dated 25.5.2022 is filed against the applicant­
accused by the investigating officer, who is present in the court and
submitted that as during the course of investigation, no role of the
present applicants­accused was made out, therefore, closure report
is submitted in the court.
7.

Thus, considering the fact that the prosecution has filed
closure report in the lower court, therefore, no purpose will be
served by keeping the accused behind the bar. The lower court will
consider the closure report on its merit, however, so far as
considering the present bail application, the applicants­accused are
required to be enlarged on bail. In the result, following order is
passed.
ORDER
1.

Bail application No.584/2022 is hereby allowed.

2.

Applicants­accused Somnath Shankar Kadu and Kishor
Shankar Kadu in connection with CR No.9/2022 registered
with Igatpuri Police Station, Dist. Nashik for the offence
U/s. 302,307,452,427,143, 147,148,323,504,506 r.w.s.
149 of the Indian Penal Code, under section 4/25 of the
Arms Act and section 37(1)(3) r.w.s.135 of the
Maharashtra Police Act, be released on bail on executing
bond of Rs.30,000/­ each with one or two sureties in like
amount.

3.

They shall furnish their address proof aadhar card of their
two near relatives alongwith mobile numbers.

Cri. Bail Application No.584/2022.
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4.

They shall co­operate the Investigating Officer, as and when
required.

5.

Bail in lower court.

6.

Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 06.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.06
17:41:39 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.