CNR MHNS010014792022 No. Order below Exh. 1 in, Cri. Bail Application No. 419/2022

( Swapnil Dinesh Unhavane ­applicant/accused 1 Vs. State ) This is an application,for pre­arrest bail u/s. 438 of the Cr.P.C. in C.R. No.52 of 2022 registered with Adgaon Police Station, Nashik u/s. 392 r/w.34 of The Indian Penal Code(IPC).

2.The learned counsel Mr.H.S.Jadhav for the applicant submits that, applicant is innocent person and he has been falsely implicated. Applicant is ready to abide by any of the terms and conditions to be imposed by this Court and he is permanent resident of Nashik and undertakes to cooperate investigation.

3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say filed by I.O (Exh.4) and strongly objected this application. I.O. is present alongwith case dairy.

4.Perused record. It is case of prosecution case is that, on 11.03.2022 at about 8.30 p.m.,present applicant alongwith other 2 accused Vikrant and Dadya called informant opposite Filter plant, Sangam road. Present applicant removed his belt and tied his neck with it. The accused Vikrant forcibly removed his 2 golden rings, golden chain with locket and mobile phone and fled away and threatened to kill by pressing his neck, if he would cry for help and fled away.

5.Learned Advocate for the applicant submits that, accused Vikrant Balu Netavate has been released on bail on 22.03.2022 by learned Judicial Magistrate,First Class. The applicant has no role to play.

It is the informant who was addicted to on­line Rollate gambling, wherein he had been deeply indebted by obtaining loan from money lenders and he himself sold out the same. However, there is direct involvement of the accused,property is yet to be recovered, co­accused are yet to be arrested and investigation is incomplete. The applicant may hamper or tamer prosecution witnesses or evidence and may abscond.

Custodial interrogation is necessary for thorough investigation.

Consequently, I am not inclined to exercise my discretion in favour of the applicant. Hence, the order.

ORDER

This application stands rejected.

( S.T. Tripathi) Date : 01.04. 2022. Additional Sessions Judge­ 7, Nashik.