1
Cri. Bail Application No. 532 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 532 OF 2022
{Umesh @ Uday Arun Tidke vs. The State of Maharashtra through
Sarkarwada Police Station}
This is the second bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicantaccused in crime
No. 155 of 2021 registered with Sarkarwada Police Station, Nashik for
the offences punishable under sections 307, 452 and 342 read with 34
of the IPC.
02]
The applicant contended that false and fabricated case is
registered against him. He is innocent and not committed any offence.
He is falsely implicated in the crime. He was not present at the time of
incident. Nothing is seized from him. He has no concerned with the
crime. The injured is cured and discharged from the hospital. The
investigation is completed and charge sheet is filed. He will cooperate
the investigation officer. He is ready to abide any conditions imposed by
the court. So, he has prayed for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 05. They have stated that the offence is of serious nature and
one crime is pending against the accused. If he is released on bail, he
will threat the complainant and witnesses. Hence, they have prayed for
rejection of bail.
04]
Heard the learned counsel for accused and learned APP.
They have argued as per their stand taken.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers. Investigation of the crime is completed and
charge sheet is filed. The learned counsel for the accused pointed out
discrepancies in the medical history of the complainant, his complaint
and the statement of his friend Umesh who has taken him to the
2
hospital. As per the medical history, the complainant has stated that
two unknown persons assaulted him. As per the complaint, he has
stated that the accused have assaulted him. As per statement of
Umesh Jadhav, he has stated that while taking to the hospital to the
complainant he asked him what has happened and he told that he fell
down and sustained injuries. The complainant is out of danger. The
investigation is completed and charge sheet is filed. Looking to the
same and the above reasoning, on suitable terms and conditions the
accused is entitled for bail. Hence, the following order.
ORDER
01]
Application is allowed.
02]
Accused namely Umesh @ Uday Arun Tidake
be released on bail on executing personal
bond of Rs. 25,000/ with Solvent surety in
the like amount, in crime No. 155 of 2021
registered with Sarkarwada Police Station,
Nashik for the offences punishable under
sections 307, 452 and 342 read with 34 of
the I.P.C.
03]
The accused shall attend police station as and
when his attendance is required by the I. O.
04]
He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any police officer to tamper with
the evidence.
05]
He shall not tamper the prosecution evidence
in any manner.
06]
He shall not leave India without permission
of this court.
07]
He shall not commit similar type of offence.
08]
He shall furnish his detailed address with
3
proof and his mobile number.
09]
Bail before concerned court of Judicial
Magistrate First Class.
Digitally signed by
RATHI
ROOPESH
RAMSWARUP
Date : 02.05.2022
RATHI ROOPESH
RAMSWARUP
Date: 2022.05.02
12:30:39 +0530
(R. R. Rathi)
Additional Sessions Judge5,
Nashik.