CNR
MHNS010028552022
Order below Exh.1 in Cri. Bail Application No.703/2022.
[ Tukaram Namdeo Mukane Vs. State ]
This is a first bail application moved by the applicant­
accused Tukaram Namdeo Mukane for releasing him on bail under
section 439 of Cr.P.C., in connection with CR No.152/2022 registered
with Dindori Police Station for the offence U/sec. 307, 504, 506 of
Indian Penal Code, registered on 4.5.2022. Applicant­accused was
arrested on 4.5.2022 and produced before the Court and remanded
to Magisterial custody and since then he is in jail.
2.

It is stated in the application that, on 3.5.2022 at about
6.00 p.m. incident occurred at Umrale village. First informant/injured
had been to the fare. In the fare, accused had caused stab injury to
the first informant on various parts.

It is further stated in the
application that, the alleged FIR is lodged on 4.5.2022 at about 6.57
p.m. The applicant­accused is no way connected in commission of
present crime. There is no active role in commission of present crime.
He was not present on the spot. Applicant­accused is ready to abide
all conditions laid down by this court. Hence, prayed to grant bail on
the grounds set­out in the application.
3.

Application is strongly opposed by the State by filing
say/report and submitted that, offence is serious, applicant­accused
has assaulted the injured by sharp iron rod and inflicted multiple
incised injuries. Hence, prayed to reject the application.
5.

The learned counsel Shri. D.A. Bhusal submitted that
accused has been implicated on suspicion. There is no eye witness to
the incident. The injured is discharged from the hospital. He submitted
that applicant­accused is ready to abide the conditions laid down by
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this court. Hence, prayed to allow the application.
6.

The learned APP submitted that there is previous quarrel
between the parties. The applicant­accused suspected the illicit
relationship of the first informant with his wife and out of this enmity,
he assaulted the first informant by causing multiple incised wounds,
which are fatal to the life of first informant. He also submitted that,
there are eye witnesses to the incident, who helped the injured to the
hospital. Therefore, he submitted that application may be rejected.
7.

On perusal of the record, it appears that the incident had
occurred on 3.5.2022 when the first informant had been to the local
festival with his friends at Nalwade village and after the said festival
when he was returning to a parking place, where he parked his
motorcycle. The accused came there at 9.00 p.m. and sprayed the
chilly powder in his eyes and assaulted by a sharp weapon on his back,
left hand, chest on both side and on his private part and thereby
sustained bleeding injuries. When he opened his eyes, he saw that
accused was present with a sharp blood stained rod and was saying
that due to this first informant his wife is not residing with him and
left his company. Therefore, this first informant ran away for his life,
on the way he met with his friend Motiram Charoskar, who called his
another friend Pradip Hire, who admitted him a Dattu Krupa Hospital.
The record further shows that police recorded FIR on next day of
incident in the Datta Krupa Hospital itself. I have also gone through
the injury certificate produced by the I.O. and statement of witnesses
recorded during the course of investigation. On perusal of the injury
certificate it appears that there are 9 serious stab injuries on the
multiple places on the body of injured.

Cri. Bail Application No.703/2022 .
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8.

I have also gone through the statement of witnesses, who
stated that, there is previous enmity between the first informant and
the accused. The accused had earlier threatened the first informant.
There is involvement of the applicant­accused in the crime. Thus,
considering all these facts, there is prima facie case against the
accused. The investigation is in progress. The injured is recently
discharged from the hospital. However, considering the number of
serious injuries sustained by the first informant, it would not be proper
to allow the present bail application. Hence, following order.

ORDER
1)
Bail application No.703/2022 is hereby rejected.

2)
Inform concerned police station.

SHINDE
MADHAV
A
Date­ 10.06.2022
Digitally signed by
SHINDE MADHAV
A
Date: 2022.06.10
18:14:42 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.