ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION NO. 01 OF 2022
{ Sunilsing Jitsing Juni vs. The State of Maharashtra through Adgaon Police Station }
This is the bail application under section 439 of the Criminal Procedure Code, 1973 filed by the applicantaccused in crime No. 222 of 2019 registered with Adgaon Police Station, Nashik for the offences punishable under sections 398, 307, 353 of the I. P. C., under section 135 of the Bombay Police Act and under sections 3 and 4 read with 25 of the Arms Act.
02] The applicant contended that false and fabricated case is registered against him. Charge sheet is filed in this case. The other accused are released on default bail. He has no criminal antecedent. No serious injury is caused to any of the witness. His age is only 19 years. If he is released on bail, he will abide by any conditions imposed by the court. Hence, he prayed for grant of the bail.
03] learned APP has filed say at Ex. 4 and I. O. has also filed say at Ex. 05. They have stated that the offence is of serious nature. All the accused were found while committing dacoity. They tried to assault the police. The present accused has criminal antecedent. The muddemal is seized in the crime. They have prayed for rejection of the bail.
04] Heard the learned counsel for accused and learned APP.
They have argued as per their stand taken.
05] I have gone through the application, say and the arguments.
The present accused is arrested on 17.12.2021 and his custody is not required by the police. All the weapons and muddemal are seized. In the earlier, three crimes, the accused appears to be released on bail. No serious injuries is caused to any of the witnesses. The accused is of young age. Already, charge sheet is filed. He is entitled for bail on suitable terms and conditions. Hence, the following order.
O R D E R
01] Application is allowed.
02] Accused namely Sunilsing Jitsing Juni be released on bail on executing personal bond of Rs. 25,000/with solvent surety in the likewise amount each in crime No. 222 of 2019 registered with Adgaon Police Station, Nashik for the offences punishable under sections 398, 307, 353 of the I. P. C., under section 135 of the Bombay Police Act and under sections 3 and 4 read with 25 of the Arms Act.
03] The accused shall attend police station, as and when his attendances is required by the I. O.
04] He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer to tamper with the evidence.
05] He shall not tamper the prosecution evidence in any manner.
06] He shall not leave India without permission of this court.
07] He shall not commit similar type of offence.
08] He shall furnish his detailed address with proof and his mobile number.
09] Bail before concerned court of Judicial Magistrate First Class.
Date : 07.01.2022 (R. R. Rathi) Additional Sessions Judge5, Nashik.