Criminal Bail Appln. No. 17 of 2022 ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION NO. 17 OF 2022

{ Swapnil Dattatrya Patil vs. The State of Maharashtra through Mhasrul Police Station }

This is the bail application under section 439 of the Criminal Procedure Code, 1973 filed by the applicant­accused in Crime No. 158 of 2021 registered with Mhasrul Police Station, Nashik for the offences punishable under section 302 of the I. P. C. and under section 4 read with 25 of the Arms Act.

02] The applicant contended that false and fabricated case is registered against him. He has no role in the crime. Investigation against him is completed. The weapons are seized from the accused nos. 1 and 2. The eye witnesses are accounting for accused nos. 1 and 2 and not him. His family is dependent on him. He has no criminal antecedent. Presently, Covid­19 is spreading and it may affect his life.

He is ready to abide any conditions imposed by the court. He has prayed for grant of bail application.

03] I. O. has also filed say at Ex. 05 and APP filed say at Ex. 4. They have stated that the offence is of serious nature. The accused nos. 1 to 3 by pre­planning committed the offence. The present accused called the deceased at the spot and then all the accused committed the offence. The offence is committed in furtherance of common intention. The accused has cut injuries on his hand. Its investigation is going on. If the accused is released on bail, he may threat the prosecution witnesses.

Hence, they have prayed for rejection of bail application.

04] Heard the learned counsel for accused and learned APP. They have argued as per their stand taken.

05] I have gone through application, say, arguments and police papers. There is strong prima­facie case against the accused. The accused is one of the preparator of the crime. He called the deceased at 2 the spot. The other accused deadly weapon and killed him. The present accused has also cut injuries on his hand. So, there is prima­facie involvement of the accused in the crime. The investigation is going on.

The punishment of the offence is severe. If the accused is released on bail, he will threat the prosecution witnesses and will tamper the prosecution evidence. He is not entitled for bail. Hence, the following order :

O R D E R

Application is rejected.

Date : 07.01.2022 (R. R. Rathi) Additional Sessions Judge­5, Nashik.

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