CNR
MHNS010035232022
Order below Exh.1
in Cri. Bail Application No.867/2022.
( Uttam Dada Kapase and others Vs State)
This anticipatory bail application is moved by the
applicants­accused No.1) Uttam Dada Kapase, No.2) Pandurang Uttam
Kapase, No.3) Navnath Uttam Kapase under section 438 of the
Criminal Procedure Code for grant of bail in connection with CR
No.118/2022 registered with Trimbak Police Station for the offence
under section 326,324,427 r/w sec.34 of the Indian Penal Code, in the
event of arrest in connection with above referred crime.
2.

It is stated in the application that, the first informant and
the accused are closed relatives of each other and having landed
dispute. Initially the offence punishable under section 324, 427, 504,
r/w 34 of IPC was registered which is bailable one. However,
subsequently on 4.7.2022 section 326 of IPC is added. It is also pointed
out that, a counter complaint in terms of non­cognizable offence Entry
No. 359/2022 was registered on the same day against the first
informant and his relatives for the offence punishable under section
323, 504, 506 of IPC. It is stated that the applicants­accused are
respectable persons of the society. They are ready to abide by the
conditions that may be laid down by this Court and are ready to co­
operate with police machinery, these and other grounds set out in the
application, present application is moved for anticipatory bail.
3.

Application is opposed by the prosecution and submitted
that the grievous injury is inflected to the first informant by the
applicants­accused and absconded till this date and their presence is
required for custodial interrogation.

..2..

4.

Heard learned counsel Shri. A.K. Kale for applicants­
accused and submitted that the applicants­accused are falsely
implicated in present case. Counter NC No.359/2022 is also registered
against the other side arising out of the same incident. He further
submitted that the applicants­accused are local residents and will
attend the police station as and when required and hence prayed to
grant anticipatory bail to the applicants­accused.
5.

The learned APP Shri. Suryavanshi objected the application
stating that injuries are grievous. Investigation is in progress and at this
stage it would not be proper to grant anticipatory bail to the
applicants­accused, hence, prayed to reject the same.
6.

Today, I.O. ASI Bodake is present and submitted that the
weapon i.e. Crowbar used in commission of offence was seized from
the spot under spot panchanama. However, the blood stained cloths
and blood samples of the applicants­accused are to be recovered.
Therefore, custodial interrogation in the matter is necessary.

On
perusal of the entire record it appears that police have registered CR
No.118/2022 and NC No. 359/2022 in connection with the incident of
assault occurred on 25.6.2022 at about 7.30 a.m. to 8.00 a.m. The first
informant in present case immediately rushed to the Civil Hospital and
has obtained medical treatment and MLC No.6372 is registered. The
injured first informant Santosh Eknath Kapase has narrated history of
assault by known persons in the morning by iron rod on face. The
Medical Certificate collected by I.O. discloses grievous injury to the
face and nasal bridge and other two simply injuries on the face and
occipital scalp, CT Scan and ENT opinion was taken. So far as weapon
examination report is concerned, the Medical Officer opined that the
injury mentioned in the Medical Certificate with reference to the
Cri. Bail Application No.867/2022.
..3..

weapon is consistent which being cause by the weapon produced for
examination.
7.

It is not disputed that both the parties are closed relatives
of each other and both of them have lodged FIR and NC in connection
with the same incident in which the first informant sustained grievous
injury. The investigating officer is required to be given sufficient
opportunity to investigate the matter in respect of recovery of blood
stained cloths and blood samples of the applicants­accused and
therefore,
custodial
interrogation
of
the
applicants­accused
is
necessary. The version of the first informant is sufficiently corroborated
by medical evidence. The applicants­accused are absconding since
25.6.2022 and therefore, no case of anticipatory bail is made out.
Hence, following order is passed.
ORDER
1)
Anticipatory Bail Application No.867/2022 is hereby rejected.

Inform the concerned police station accordingly.
Digitally signed by
SHINDE MADHAV
A
Date: 2022.07.13
18:18:08 +0530
( M. A. Shinde )
Date­13.07.2022
Additional Sessions Judge­9,
Nashik.

2)
SHINDE
MADHAV
A