1 MHNS010051762022 Order below Exh. 1 in Criminal Bail Application No. 1203/2022.

1.This is an application preferred by applicant Umesh Ramdas Nadge for bail under section 439 of Cr.P.C. in C.R. No. I­262/2022 registered in Bhadrakali Police Station, Nashik for the offence punishable under sections 326, 324, 323, 504, 506, 34 of the Indian Penal Code.

2.It is contended by the applicant that he is doing labour work for his family. He has not committed any offence and has been falsely implicated. Ld. Trial Court rejected his bail application. As per case paper accused did not cause any grievous injury to the injured. All the sections leveled in the present crime are triable by Ld. J.M.F.C. Court. Accused has not caused any grievous injury to the injured therefore the offence leveled against him are not attracted. Injured has been already discharge from the hospital and he is doing his daily work. It reflects from the remand report that no weapon has been recovered from the accused. He is ready to abide by the terms and conditions. Hence, prayed that application be allowed.

3.Say was called of the investigating officer. He has objected the application on the count that, accused is habitual offender. There is terror of the accused in Bhadrakali and Panchavati area and there is possibility that he will assault the complainant and the witnesses. Investigation with respect to eye witness is in progress. If accused is released on bail he will threaten the witnesses. There is ample evidence against the present accused and co­accused Sachin Leve and if he is released on bail he will not remain present for the trial. Charge­sheet is yet to be filed. Two offences are pending at Panchavati police station. Identification parade is yet to be conducted. Hence, prayed that application be disposed off.

4.Heard Ld. Advocate for the applicant and Ld. APP for the State. On perusing the FIR it is seen that two unknown persons came and inquired to him about his friend. One of them abused him and assaulted him by hand and kick blow and the others also started assaulting him by kick blow. One boy intervened he was also assaulted and they removed some sharp weapon from their waist and assaulted him below his right chest and blood started oozing. On perusing the police paper it reflects that present accused along with Sachin Leve have assaulted the complainant and the injured by fist and kick blow. Specific allegation has been made that present accused has assaulted him by sharp weapon.

Weapon has been already recovered from the accused.

5.It is seen from the Medical report that injured has sustained grievous injury. Investigating officer has submitted that injured has been discharge from the hospital hence there is no possibility of offence escalating to higher count. Though it is contended by the I.O. that identification parade is yet to be conducted however the provisions of section 437 of Cr.P.C. categorically state that bail cannot be rejected on the count that identification parade is to be conducted. Accused is in jail since 14.09.2022. As per the police paper already recovery has been made from the present accused. I.O. has not brought any evidence that accused has been convicted for any offence. Accused is resident of Nashik his presence can be secured. Trial will take time. Bail is rule. Apprehension of I.O. can be taken care by imposing conditions. Hence, I proceed to pass following order :­

ORDER
1. The application is allowed.

2. The applicant/accused Umesh Ramdas Nadge involved in C.R.No. I262/2022 registered in Bhadrakali Police Station, Nashik for the offence punishable under section 326, 324, 323, 504, 506, 34 of the Indian Penal Code, be released on bail on his executing P.R. and S.B. of Rs.30,000/­ (Rupees Thirty Thousand Only) with one or two sureties of like amount.

3.Accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such fact to the Court or Police Officer.

4.The accused shall mark his presence in Bhadrakali Police Station on every Monday and Friday from 11.00 a.m. to 1.00 p.m. till filing of the charge­sheet and to co­operate investigating Officer.

5.The accused shall not commit similar type of offence.

6.The accused shall furnish address proof, photo identity and mobile number of self and his two close relatives. In case of change of address he shall inform the I.O. about the same.

7.Accused to remain present when called upon by the I.O. for identification parade.

8.In case of breach of the conditions, the respondent is at liberty to apply for cancellation of bail.

9.Bail before trial Court.

Digitally signed by VAISHALI S VAISHALI S MALKALPATTEREDDY MALKALPATTEREDDY Date: 2022.10.07
17:26:23 +0530 Nashik. (V.S.Malkalpatte­Reddy) Date: 07/10/2022. Additional Sessions Judge, Nashik.