CNR
MHNS010029442022
Order below Exh.1 in Cri. Bail Application No.733/2022.
[ Sunil Sahebrao Kapase Vs. State ]
This bail application is moved by the applicant­accused
Sunil Sahebrao Kapase for releasing him on bail under section 439 of
Cr.P.C., in connection with CR No.119/2022 registered with Wani
Police Station, Tal. Dindori for the offence U/sec. 304(A), 304(2),
279, 336, 337,338,427 of Indian Penal Code and under section 184,
130, 177, 190, 192, 194, 66(1)/196 of the Motor Vehicle Act, 1989,
registered on 3.6.2022. Applicant­accused was arrested on 7.6.2022
and produced before the Court and remanded to Magisterial custody
and since then he is in jail.
2.

It is stated in the application that, on 2.6.2022 the alleged
accident took place at Mulane Bari, Babapur shivar, on Babapur to
Kalwan road. It is alleged that, applicant­accused has knowledge that
the road is not sufficient to drove the heavy vehicle by carrying the
labour and even if he had travelled the labour in the said tractor
trolley by that road and thereby accident took place and labours have
sustained grievous injured and some of the labour died, as well as
trolley was collided on one Alto car and caused damage to it.
Applicant­accused submitted that he has not committed any offence
and only the labours are working with him, he has been falsely
implicated in the present crime. He is doing the business in legal
manner and taking care of labour. No purpose would be served by
keeping the applicant­accused behind the bar. Applicant­accused is
ready to abide all conditions laid down by this court. Hence, prayed
to grant bail on the grounds set­out in the application.
3.

Application is strongly opposed by the State by filing
..2..

say/report and submitted that, offence is serious, applicant­accused is
responsible for the alleged accident. He has not taken the care of the
labour and travel the labour illegally in the tractor trolley. The
statements of the witnesses are to be recorded. The name of the
original owner of the tractor trolley is to be search and from whom
he had purchased the same is to be traced out.

Hence, prayed to
reject the application.
5.

The learned counsel Shri. R.D. Avhad submitted that
accused has been implicated falsely. There is no negligence on his
part. The offence under section 304 part II of IPC is not made out
against the present applicant­accused. He submitted that applicant­
accused is ready to abide the conditions laid down by this court.
Hence, prayed to allow the application.
6.

The learned APP submitted that offence is serious and
triable by this Court and also supported the report filed by I.O.
Investigating is in progress. There are 7 labours died and other labours
are hospitalized as they sustained grievous injuries. Therefore, he
submitted that application may be rejected.
7.

On perusal of the record, it appears that the accident took
place on 2.6.2022 while carrying the labour with tractor trolley. The 7
labours are died in the said accident and other labours are sustained
grievous injuries, who are hospitalized. The offence is serious.

The
statements of some of the witnesses are to be recorded. Applicant­
accused having knowledge of the tractor trolley carried the labours.
Prima facie, the applicant­accused who is labour contractor has
knowledge that carrying illegally labours on large scale in a tractor
trolley would certainly a life threatening act and inspite of this those
labours were taken alongwith their utensils and other articles on a
Cri. Bail Application No.733/2022 .
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dangerous road situated at Mulane Bari. The tractor driver who was
21 years old was allowed to drive the said tractor attached with two
trolleys, who was not holding any driving license and thus, risked the
life of 21 poor labour and their relatives. As per record, one minor girl
at the age of 4 years also died in the said accident and 8 minor
children age from 1 year to 15 years are seriously injured and they are
taking medical treatment in the hospital. Thus, considering all these
facts, there is prima facie case against the applicant­accused. The
investigation is in progress. However, considering the number of
injured persons in the accident, it would not be proper to allow the
present bail application. Hence, following order.

ORDER
1)
Bail application No.733/2022 is hereby rejected.

2)
Inform concerned police station.

SHINDE
MADHAV
A
Date­ 21.06.2022
Digitally signed by
SHINDE MADHAV
A
Date: 2022.06.22
10:48:05 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.