CNR MHNS010046652020 Order below Exh.1 in Cri. Bail Application No.1703/2020.

1 Sunil Subhash Mesat
2 Papu @ Satish Subhash Mesat

3 Manisha Subhash Mesat

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 applicants came to be arrested on 02.12.2020 in Crime No. 165/2020 for the offence punishable under sections 323, 324, 504, 506 r/w 34 of the Indian Penal Code and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered with Vani Police Station, District Nashik on the accusation that on 04.10.2020, in between 17.30 to 18 hours in Gat No. 425 of village Khedgaon, Taluka Dindori, District Nashik, the applicants accused, in furtherance of their common intention, voluntarily caused hurt to the informant who belongs to scheduled caste, by assaulting her with knife, a weapon used for stabbing.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. Informant sustained injury in a sudden scuffle. There was no intention to assault her and therefore, there is no mens­ria. It is also submitted that the provisions of section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are not applicable. Merely the informant belongs to scheduled caste, this act is not applicable in this case. Further, the injury is not on the vital part of the body. The applicants are behind bar from the date of their arrest. Investigation is almost completed.

Nothing is to be recovered or discovered from them. Therefore, their further detention is not necessary for the purpose of investigation.

They are having permanent place of abode and roots in the society.

They are 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, they have prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicants and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicants in the commission of the offence. If the accused are released on bail, they may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

5.Heard learned advocate Mr. Borade appearing on behalf of the applicants and learned Public Prosecutor Mr. Misar and the informant in person. I have also perused the investigation papers made available by the Investigating Officer. The alleged incident took place on 04.10.2020. The weapon of assault is already recovered. It further prima­facie appears from the documents that there is sufficient material against the applicants­accused. There is no reason to believe that they have committed an offence punishable with death or life imprisonment. The applicants are behind the bar from the date of their arrest. They are ready to co­operate in further investigation and to furnish sufficient surety. They are also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping them behind bar till filing of the charge­sheet or conclusion of the trial, when they are ready to furnish surety and ready to abide by the conditions. In exceptional cases only bail is to be refused. The prosecution failed to show any exceptional ground so as to turn down the bail plea of the applicants. Considering the aforesaid facts, I am of the opinion that the applicants have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 Applicant Nos.1­Sunil Subhash Mesat, 2­Papu @ Satish Subhash Mesat and 3­Manisha Subhash Mesat be enlarged on bail, in Crime No.165/2020 for the offence punishable under sections 323, 324, 504, 506 r/w 34 of the Indian Penal Code and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered with Vani Police Station, District Nashik, on furnishing personal bond of Rs.15,000/­ each with surety each in like amount.

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

5 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.11 Jadhav
17:33:41 +0530 ( Smt. S.C. Jadhav ) 11th December, 2020. Additional Sessions Judge­8, Nashik.