(ORDER BELOW B.A. EXH.1)
::1::
Cri. B.A. No.1375/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK
BAIL APPLICATION NO.1375/2022
Tukaram Namdeo Mukane
Age- 32 yrs., Occu – Business,
R/o.Nalwadi, Tal.Dindori, Dist.Nashik.

]
]
] Applicant/] accused
V/s.
The State of Maharashtra
Through– P.I. Dindori Police Station)
C.R.No.152/2022.

]
] Respondent /
] prosecution
Advocate Shri.G.L.Bodke for the applicant/accused.
APP Shri.R.L.Nikam for the State.
ORDER BELOW EXH.1
1]
This is second bail application is filed u/s. 439 of Cr.P.C. for
offence punishable under section 307, 504, 506 of the Indian Penal Code in
C.R.No.152/22 registered at Dindori police station.

2]
The facts of the prosecution case is that on 3.5.2022 informant
Ravindra Bakerao Hire went at Umrale Khurd from his job alongwith his
friend Chintaman Choroskar. He went at Nalwadi village for Yatra purpose,
he met with Arun Gaikwad and Ravi Waghmare. While he was returning
towards his motorcycle by walking at about 9 p.m. Suddenly, on his backside
unknown person poured chilly powder on his eyes and assaulted his left hand
elbow, back, chest, right and left ribs, waist and penis by sharp weapon.
When he opened his eyes he found applicant/accused with iron rod with
blood stains in his hand. He threatened him, “rq÷;keqGs ek>h ck;dks ukanr ukgh] rh
eyk lksMwu xsyh vkgs”. Informant ran away from there. He was subsequently
admitted at Dattakrupa Hospital, Dindori. Accordingly, offence is registered
at Dindori police station under the aforesaid sections.

(ORDER BELOW B.A. EXH.1)
3]
::2::
Cri. B.A. No.1375/2022
The facts of the applicant’s case is that he is falsely implicated in
this case. Earlier bail application of applicant is rejected by the Hon’ble Court
and he is in magisterial custody since last six months. Therefore, there is
impact on his children’s education. There is dispute in between the applicant
and informant in respect of property at Sula Wine, Oze. Therefore, on this
ground informant has falsely implicated the applicant in the alleged crime. It
is further case of the applicant that charge-sheet nowhere reveals that the
applicant assaulted the informant. There is 15 hours delay in lodging the FIR.
Informant is discharged from hospital. There is no whisper about Chilly
Powder in charge-sheet. No weapon is recovered form the applicant/accused
but the weapon is recovered from the spot of incident after 16 hours. The
incident occurred at 9 p.m. in dark-night. Apart from this, instigation of this
crime is completed. He will not pressurize the prosecution witnesses. If he
released on bail he will abide any condition imposed by the Hon’ble Court.
Hence, prayed for bail.
4]
I have heard Ld. Adv.G.L. Bodke who argued that there is delay in
lodging FIR, assault by unknown person, weapon is recovered after 20 hours,
charge-sheet is filed. Hence, prayed for bail.

5]
I have heard Ld.APP Shri.R.L.Nikam who strongly objected to
released the accused on bail. It is the case of multiple stab injury. FIR is only
against the accused. I.O. P.S.I. Smt.Jejot is present.
6]
I have heard both side. Perused application and say. Perused
charge-sheet. Perused photographs.

(ORDER BELOW B.A. EXH.1)
7]
::3::
Cri. B.A. No.1375/2022
This is second bail application. It is submitted by Ld. Adv.Bodke
that the trial will take its own time. Accused is only earning member of his
family. He is ready abide any condition. Whereas the I.O. is present and
submitted that condition bail may be granted. It is true that there are
grievous injuries sustained by the victim but subject to the stringent condition
bail is granted. Accused in jail since last six months. There are no criminal
antecedent. Hence, order ORDER
1.

Bail Application is allowed.

2.

Applicant/accused Tukaram Namdeo Mukane be released
on bail in C.R. No.152/2022 registered with Dindori
Police Station for an offence punishable under
Sections-307, 504, 506 of the Indian Penal Code, on
furnishing P. R. Bond of Rs.50,000/- with one or two
sureties in like amount on following conditions.
(a) He shall attend Dindori Police Station on every
Monday in between 11.00 a.m. to 2.00 p.m. till final
disposal of the Sessions Case.
(b) He shall not come in contact in any way with the
informant/injured and witnesses, nor tamper and
pressurize them.
(c) He should not repeat the offence.

3.

Criminal Bail Application stands disposed of accordingly.
UMESHCHANDRA
JAIKUMAR MORE
Date : 19.11.2022.

Digitally signed by
UMESHCHANDRA
JAIKUMAR MORE
Date: 2022.11.19
17:28:54 +0530
( Dr. U. J. More )
District Judge-13 and
Additional Sessions Judge, Nashik.