MHNS010043702022
Order below Exh. 1 in Criminal Bail
Application No. 1012/2022.
1.

This is an application moved by the applicants/accused (1)
Tushar Ravindra Sawant, (2) Rahul Sunil Khandare, (3) Yuvraj @ Gatya
Anil Nikam and (4) Amar Maruti Mali under section 439 of the Code of
Criminal Procedure in C.R.No.134/2022 registered against accused at
Adgaon Police Station for the offence punishable under sections 307, 323,
504, 143, 147, 148, 149, 427 of the Indian Penal Code and section 135 of
the Mumbai Police Act.
2.

It is submitted by the accused that they have not committed
any offence and have been falsely implicated in the crime. Investigation is
completed. Charge­sheet has been filed.

Hence, there is change in
circumstances. As investigation is completed no purpose would be served
to keep the accused behind bar. Allegations are made against accused
Gatya, Sushant Nathe and no role has been attributed to the present
accused. Merely because accused are the real brother of accused no. 3
they have been involved in the present crime. Complainant has not stated
the name of the present accused.

There is no incriminating evidence
against the accused. They have not caused any grievous injury to the
complainant. Injured has been discharge. Nothing has been seized from
the accused, hence, prayed that they be released on bail.
3.

Say was called of the investigating officer.

They have
objected this application on the count that, accused have committed
serious offence and there is ample evidence against the accused. Accused
is habitual offender and has been externed from Nashik City and Nashik
District for two years even then he has committed the present offence. It
has transpired in the investigation that accused were present at the scene
of offence and they have assaulted the complainant by rod. Accused and
the witnesses are committing offences and in the coming period there is
festival of Ganesh and other if they are released on bail they will cause
breach of peace. If they are released on bail they will commit similar type
of offence and caused terror in the vicinity of Jatra Hotel. Complainant
and accused are resident of the same area due to which there is possibility
that they will tamper and threaten the witnesses. Hence, prayed that
application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. On perusing
the case papers it is seen that charge­sheet has been filed against the
accused. It is argued by the Advocate for the accused about investigation
is complete and no purpose would be served in keeping the accused
behind bar. However, on perusing the FIR specific role has been attributed
to the present accused as complainant has stated that Sushant Nathe came
along with 6 to 7 friends. Sushant Nathe assaulted him by iron rod on his
head and he fell down at that time Sushant Nathe and his friend with the
intention of killing him started throwing stone on him and caused grievous
injury. Complainant has given supplementary statement wherein he has
categorically stated that he did not remember the name of the accused
when he gave his complaint and stated that Tushar Savant assaulted him
by iron rod whereas Rahul Khandare, Akash Khandare, Yuvraj @ Gatya
Nikam and Amar Mali assaulted him by bamboo stick and kick blows.
Complainant has identified the accused persons in IT parade.
5.

On perusing the medical certificate it reflects that accused has
sustained fracture injury on his head which is grievous in nature. The
accused persons with common intention have committed criminal act by
participating in the act along with Sushant Nathe. Complainant has stated
that after the assault by Sushant all the accused persons have thrown
stone on his head.

When the present accused have assaulted the
complainant with the intention of causing death. If accused are released
onbail there is every possibility that they will threaten the witness as they
all are resident of the same vicinity. In such circumstances there is prima
facie involvement of the accused in commission of the offence, hence, I
am not inclined to released the accused on bail and proceed to pass
following order :­
ORDER
Application is hereby rejected.
Sd/­xxx
Nashik.
Date : 23/08/2022.

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