CNR
MHNS010023162022
Order below Exh.1 in Cri. Bail Application No.573/2022.
[ Sunny Vivad Jagtap Vs. State ]
This is first application moved by the applicant­accused
Sunny Vivad Jagtap after filing of the charge­sheet under section
439 of the Code of Criminal Procedure (hereinafter referred to as
“Cr.P.C.” for short) for bail in connection with CR No.27/2022
registered with Mumbai Naka Police Station for the offence under
section 307,341,143,144,148,504,506 r.w.s.149 of the Indian Penal
Code (hereinafter referred to as the “IPC” for short) and under
section 4/25 of the Arms Act.
2.

It is stated in the application that applicant­accused is
arrested in connection with the present crime on 9.2.2022 since
then he is in judicial custody. The investigation is over and now
charge­sheet is filed in the court. The applicant­accused is local
resident and there is no likelihood that he will jump the bail. Other
accused are released on bail except accused No.1.
3.

The bail application is strongly opposed by the State.

I.O. has filed his report. Heard, both the parties.
4.

Perused the record. It appears that, the first informant
Milind Manohar Bhalerao lodged FIR with Mumbai Naka Police
station on 22.1.2022 alleging murders attack by the accused persons
including the present applicant­accused. The alleged incident took
place at about 8.30 p.m. on 22.1.2022 on the road leading towards
Mumbai Naka to Bhabanagar. Accused Yash Shinde assaulted the
first informant by sickle on his head, chest and back and sustained
multiple injuries. The role of the applicant­accused that, they have
beaten the first informant by fist blow and kicks and by beer bottle.

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The FIR appears to be recorded while injured was admitted in Civil
Hospital, Nashik.
5.

The record further shows that present applicant­accused
made an unsuccessful attack to move bail application before the
Hon’ble Bombay High Court vide its Bail Application No.
1103/2022, which appears to be withdrawn with liberty to
approach this court as charge­sheet has been filed. The learned
counsel for applicant­accused stated at bar that, the earlier bail
application filed before filing of charge­sheet was rejected by this
court on 9.3.2022. However, he placed on record the bail order of
another accused Rahul Machindra Pawar in Cri. Bail Application
No.533/2022 decided on 6.5.2022. The learned counsel for accused
submitted that the role of the present applicant­accused is similar to
the role of accused Rahul Pawar, who is granted bail by this court
and on the ground of parity, he prayed to release the present
applicant­accused on bail.
6.

The learned APP while opposing the bail application
submitted that this incident is a sequel of an earlier incident, which
had occurred between both the parties, wherein the present first
informant Milind Manohar Bhalerao @ Dulya is the accused No.1
and the father of accused No.1 i.e. Rajendra Ramchandra Shinde is
the injured/first informant in the earlier incident. The Mumbai Naka
Police Station had registered CR No.71/2021 dated 14.3.2021 for
the offence Puni. U/s 307, 504, 506 r.w.s.34 of IPC against Milind
Manohar Bhalerao and Akshay Balasaheb Bhalerao for the said
incident dated 13.3.2021 occurred at about 9.30 p.m. near Baudha
Vihar, Nagsen Nagar, Vadala, Nashik. Therefore, he submitted that,
present bail application may be rejected as there is sufficient
Cri. Bail Application No.573/2022.
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material on record to show the involvement of the present
applicant­accused and both the parties are enmical terms with each
other.
7.

The cause of action for both the incident is that the
accused No.1 Yash Shinde married with cousin sister Shruti @ Sonal
Sanjay Bhalerao of the first informant Milind Bhalerao, one year
prior to the incident. It was love marriage and there is enmity
between both the families due to the said marriage.
8.

As stated above, the role of the present applicant­
accused is the same as with the accused Rahul Machindra Pawar
and he is enlarged by this Court on bail, therefore, on the ground of
parity, present applicant­accused is entitled to be released on bail as
admittedly the charge­sheet is filed and case is committed to this
court. Hence, following order is passed.
ORDER
1.

Application is allowed.

2.

Applicant­accused Sunny Vivad Jagtap in connection with
CR No.27/2022 registered with Mumbai Naka Police
Station for the offence under section 307, 341, 143, 144,
148, 504, 506
r.w.s.149 of the Indian Penal Code and
under section 4/25 of the Arms Act, be released on bail on
executing bond of Rs.25,000/­ with one or two sureties in
like amount.
3.

He shall furnish his address proof aadhar card of his two
near relatives alongwith mobile numbers.

4.

He shall not threaten or tamper the prosecution witnesses
in any manner.

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5.

He shall attend the Court on given dates.

6.

In the event of breach of any of the conditions, his bail
bonds shall be liable to be cancelled.

SHINDE
MADHAV
A
Date­ 18.05.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.05.18
17:42:00 +0530
( M. A. Shinde )
Additional Sessions Judge­8,
Nashik.