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MHNS010035132022
Order below Exh. 1 in Criminal Bail
Application No. 861/2022.
1.

This is an application moved by the applicant/accused Suraj
Jagan Dhavale under section 439 of the Code of Criminal Procedure in
C.R.No. 281/2020 registered against accused at Gangapur Police Station
for the offence punishable under sections 397, 427, 188 of the Indian
Penal Code.
2.

It is submitted by the accused that he is innocent and has
been falsely implicated in the crime.

On perusing the FIR all the
allegations are made against other accused and no concrete allegations are
made against the present applicant. Just because applicant is known to
co­accused hence he has been implicated in false offence. He has no
concern with the present offence. Complainant has not stated the name of
the present accused. Already recovery has been made from co­accused
and after completion of investigation charge­sheet is filed. There is no
direct and indirect evidence against the present accused. Co­accused are
already released on bail, hence, on the ground of parity he be released on
bail.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused has committed serious offence,
damage the property involved in the crime and was absconding since
alleged crime. Accused was arrested on 27.5.2022 by the squad of crime
detection. If accused is released on bail he may again abscond and tamper
the prosecution witnesses and complainant. Hence, prayed that
application be rejected.

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4.

Heard Ld. APP and Ld. Advocate for accused. It is argued by
the Advocate for the accused that co­accused are already released on bail.
No role is attributed against the accused hence prayed that bail be
granted. On the other hand Ld. APP has objected this application on the
count that after two years accused was apprehended. If he is released he
will abscond hence prayed that application be rejected.
5.

On perusing the supplementary charge­sheet it is seen that
reference has been made of the involvement of the present accused. No
way does it state that present applicant has assaulted the site labourer or
the complainant.

Investigation is completed as charge­sheet has been
filed. Nothing is to be recovered or discovered at the instance of the
present accused. It is seen that co­accused no. 2 with similar role is
already released on bail, hence, parity is applicable to the present accused.
Bail is rule jail is exception. Trial will take time. Though the investigating
officer has raise objection that accused will abscond but that can be taken
care by imposing conditions even accused is resident of Nashik his
presence can be secured. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Suraj Jagan Dhavale involved in C.R.No.
281/2020 registered with Gangapur Police Station for the
offence punishable under sections 397, 427, 188 of the Indian Penal
Code, be released on bail on his executing P.R. and S.B. of
Rs.25,000/­ (Rupees Twenty Five Thousand Only) each with one or
two sureties.

3.

The applicant/accused 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 or tamper with the evidence.

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4.

Accused shall not commit similar type of offence.

5.

Accused shall remain present on due dates unless exemption
granted by the Court.

6.

Accused shall not tamper with the prosecution evidence or
witnesses.

7.

Accused shall furnish his existing address proof, photo identity
and mobile number of self and his two close relatives. In case of
change of address he will intimate the same to the Investigating
Officer and to the Court.

8.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

9.

Bail before committal court, if the case is not committed.
Sd/­xxx
Nashik.
Date : 14/07/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.