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Criminal Bail Application No.493 of 2022
MHNS010019032022
CRIMINAL BAIL APPLICATION NO.493/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE­11
NASHIK AT NASHIK.
1.
2.
3.
4.
5.

Mr. Umesh Raju Davkhar
Age 22, Occ: Agri.
Mr. Rahul @ Yama Ramesh Bhagat
Age 24 yrs., Occ: Agri.
Mr. Akash Kashinath Goikne
Age 18 yrs., Occ: Agri.
Mr. Viabhav Vasudeo Davkhar
Age 22 yrs., Occ: Agri.
Mr. Roshan Vasudeo Davkhar
Age 20 yrs., Occ: Agri.
All r/o. Girnare, Tal. Igatpuri,
Dist. Nashik.

..Applicant/accused
V/s.
State of Maharashtra
Through P.I. Igatpuri Police
Station
(CR No. 38 of 2022)
..Opponent
ORDER BELOW EXH.1
1.

The applicant/accused have filed this application for grant
of bail U/s.439 of the Cr.P.C. in Crime No.38/2022 of Igatpuri Police
Station for the offence punishable U/s.3(1)(r)(s), 3(2) (v­a) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
(hereinafter referred as ‘Act’) and Under Section 143, 147, 148, 149,
324, 323, 504 r.w. 34 of the Indian Penal Code (hereinafter referred as
‘IPC’).

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2.

Criminal Bail Application No.493 of 2022
The case of the prosecution is that on 15/04/2022 the FIR
was lodged by one Rahul Prakash Jagtap stating that on 14/04/2022 at
about 16.00 hrs. he alongwith 100 to 125 people of The Samrat
Foundation Mandal had carried out chariot of Dr. Babaseheb Ambedkar
for procession. They had started said procession from Tinlakadi bridge
at that time the applicants/accused were dancing in the said procession
and one of the applicant/accused was waiving the saffron flag. The said
flag caused injury to some of the persons in the said precession. So the
informant asked the applicants/accused to leave the said procession. At
that time applicants/accused abused the informant on castelines and
applicant no.2 assaulted him by means fighter on his head and other
applicants/accused assaulted him and other by smacked them. Also the
they pelted the stones on the procession due to which they have
sustained injuries. Hence the report was lodged by the informant in
Igatpuri Police station.
3.

The applicants have filed this bail application on the
ground that on the relevant day there was some minor quarrel in the
procession. Thereafter, the crime is registered against them only to
pressurize them. They are innocent and were not involved in the quarrel
but falsely involved in this offence. There is no incriminating evidence
against them and nothing is to be seized from them. There is no direct
or indirect evidence against them. The allegations in the FIR does not
attract the provisions of the Act. They are the only earning members of
their family.

They are ready and willing to abide the terms and
conditions imposed on them. So it is prayed that application be allowed
and they be released on bail.
4.

The APP and I.O. have contested this bail application by
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Criminal Bail Application No.493 of 2022
filing pursis and say vide Exh.3 and 4. It is contended that the offence
charged against the applicants/accused is serious in nature. The
investigation is in progress and the statement of informant and witness
under Section 164 of Cr.P.C. is yet to be recorded. So if the applicants
are released on bail there is likelihood that similar serious offence will
be committed by them. They are also likely to pressurize the witnesses.
So it is prayed that the application be rejected.
5.

The Informant Rahul Jagtap has also contested this
application by filing say vide Exh.6 and has prayed to reject this
application.
6.

Heard Ld. Adv. Mr.A.I. Deshmukh for applicants and Smt.

A.R. Patil, APP for the respondent/State. It is argued by the advocate for
applicants that due to some minor dispute between two groups at the
time of procession the offence is registered against the applicants. There
no specific allegations against the applicants in the FIR. So it is argued
that applicants be released on bail. Per contra, the APP argued that
considering the gravity of the offence and the fact that investigation is
at initial stage application be rejected.
7.

The FIR is lodged by Rahul Jagtap against the present
applicants and others alleging that on relevant day they have abused
him on cast lines in the procession and have assaulted him. They have
also pelted stones on the said procession. The applicants are charged
under Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act the punishment prescribed for the said
offence is not less than 6 months but may extent to 5 years and with
fine. Whereas, the punishment provided for Section 3(2) (v­a) of
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Criminal Bail Application No.493 of 2022
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is
as per the punishment under IPC for the offence. The applicants are
charged under Section 323, 324 etc. of IPC for which punishment is
prescribed is up to 1 year and 3 years respectively. Hence, considering
the punishment prescribed for the offence, and the fact that the
applicants are in MCR. since long, no purpose will be served by keeping
them behind the bar.
8.

As regards the apprehension of APP and I.O. regarding
absconding of applicants and tampering of witnesses, conditions can be
imposed for the same and only for the said ground bail cannot be
refused. Also considering the fact that there are no criminal antecedents
of the applicants and as they are in judicial custody for some time and
no purpose would be served by detaining them in judicial custody when
bail is the rule and jail is the exception. Hence, I observe that by
imposing necessary conditions and taking sufficient security so that they
does not abscond or tamper with the investigation, they can be released
on bail. The present application thus deserves to be allowed.
Accordingly I proceed to pass the following order.
ORDER
1.

The application is allowed.

2.

The applicants/accused 1.Mr. Umesh Raju Davkhar, 2.Mr. Rahul
@ Yama Ramesh Bhagat, 3.Mr. Akash Kashinath Goikne, 4.Mr.
Viabhav Vasudeo Davkhar and 5.Mr. Roshan Vasudeo Davkhar be
released on bail on their executing PB and SB of Rs.15,000/­ each
alongwith one surety in like amount in crime No.38/2022 of
Igatpuri Police station for an offence punishable under sections
U/s.3(1)(r)(s), 3(2) (v­a) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act and Under Section 143, 147,
148, 149, 324, 323, 504 r.w. 34 of the Indian Penal Code
3.

The applicants/accused shall not abscond or tamper with
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Criminal Bail Application No.493 of 2022
the investigation and shall not pressurize the informant and
witnesses.
4.

They shall attend police station on every Saturday from 11.00
a.m. to 3.00 p.m. till filing of the charge sheet.

5.

They shall give their address proof and also of their two near
relatives for their release on bail.

6.

In the event of breach of any of the conditions their bail bonds
shall be liable to be cancelled.
Digitally signed
by RADHIKA
MADHUKAR
RADHIKA
MADHUKAR SHINDE
Date:
SHINDE
2022.04.27
12:15:34 +0530
Date :­ 26/04/2022
Nashik
(Smt. R.M. Shinde)
Additional Sessions Judge,.
(Court No.11) Nashik.