1 Cri.B.A.No.1190/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1190/ 2022

Uddhav @ Taklya Ashok Rajgire .. Applicant Accused.

Vs.

The State of Maharashtra through PI Ambad Police St. .. Respondent. Nashik. (Cr. No. 409/2022)
Order below Exh. 1

1.The applicant/accused Uddhav @ Taklya Ashok Rajgire claims regular bail in C.R. No. 409/2022 for the offences punishable under Sections 354, 323, 427, 504, 506 r/w. 34 of the IPC and u/s. 135 of Mumbai Police Act and u/s. 4/25 of Arms Act registered with Ambad Police Station, Nashik.

2.Heard Learned Advocate Shri Inamdar, for the applicant and learned A.P.P. Smt. Sangale for the State. IO is also present.

Perused the case papers.

3.It is the case of the prosecution that the applicant and other accused assaulted the informant and also torn her clothes, outraged her modesty, threatened her by showing weapon like knife and also destructed motor­cycles which were parked near the building.

Accused have also assaulted son of informant.

4 Learned Advocate for the applicant submitted that applicant is only 20 years old boy. He is behind bar since one month. Criminal antecedents would not be the criteria to languish him behind bar. Therefore, it is submitted applicant be released on bail. Per contra, ld. APP pointed out that the applicant has much criminal antecedents. He is externed criminal. If he would be released on bail, there is every possibility that he may pressurize the victim and tamper with prosecution evidence.

5.On perusal of record, it reveals that the applicant and other accused were arrested on 31.08.2022. Incident occurred on 30.08.2022. Report is lodged by the informant immediately on the very same day, which was registered at about 00.42 hrs on 31.08.2022.

Thus, there is no delay in lodging report. Moreover, it is not the case of applicant that he had any previous enmity with informant.

Report/say filed by the investigating officer reflect that applicant is harden criminal. There are near about 10 criminal cases lodged against him including the case u/s. 302 of IPC. He was externed by the Additional Commissioner, Division No.2, Nashik City since 14.01.2021 to 14.01.2023. But then also, he entered in the vicinity in the jurisdiction of Ambad Police Station and committed further crime and thereby attempted to create terror in the vicinity.

6.Report filed by the informant reflect that the applicant and other accused attempted to create terror by destructing valuable properties like motor­cycles of the persons in the vicinity. There are specific allegations against the applicant that without paying heed, they assaulted a lady and torn her apparels. They have also assaulted her young son who attempted to relieve his mother from the clutches of accused. Thus, prima facie concern of the applicant with alleged serious and heinous crime is very much clear. There is no recovery of weapon which was allegedly used during the occurrence.

So also, considering the nature of offence and offender, prima facie, it is clear that if the applicant would be released on bail, there is every possibility that he may pressurize the victim and tamper with the prosecution evidence. He may flee away from justice if released on bail. Therefore, this Court is of the considered view that applicant is not entitled for the relief claimed. Hence the order.

:: O R D E R ::

Application Exh.1 stands rejected.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.01 16:35:13 – 0600 Nashik. (Aditee U. Kadam) Date : 01.10.2022. Additional Sessions Judge­2, Nashik.