MHNS010053222020
Vaibhav Prakash Bagul. … Applicant
V/s.
State of Maharashtra through P.S.I. … Respondent Sarkarwada Police Station
Order below Exh. 1 in Cri. Bail Application No.1823/2020
1.This is an application u/sec. 438 of Code of Criminal Procedure for grant of anticipatory bail on apprehension of arrest in Crime No. 314/2020 registered at Sarkarwada Police Station for commission of offence punishable U/Sec. 452, 504, 506, 507 r/w section 34 of Indian Penal Code.
2.Informant Smt. Kiran Pratapsinha Bhati lodged report on 18.12.2020 alleging that on 17.12.2020 at about 10.30 p.m. present applicant along with coaccused Shubham Shirsath came in their house and enquired about Ganesh Bhati. It is alleged that these persons gave criminal intimidation by threatening to kill Ganesh Bhati. It is further alleged that on 18.12.2020 at about 8.30 a.m. they again came in front of her house and abused Ganesh Bhati and also threatened to see him.
3.It is the contention of applicant that he has not committed any offence as alleged by the prosecution. In fact the accused in present crime had lodged complaint against Ganesh Bhati for commission of offence punishable under section 307 of Indian Penal Code. The present complaint is nothing but a counter blast to the said case. The coaccused Shubham came to be arrested and released on bail before Magistrate. There is no need of custodial interrogation of the present applicant. There is nothing to be recovered from him. He is ready to cooperate the investigation.
Therefore, he prays to allow the application.
4.Prosecution opposed the application on the ground that applicant has committed house tress pass and gave criminal intimidation to the informant. There are other offences registered against the present applicant. He may tamper with prosecution evidence if released on bail.
5.Heard Advocate Shri A.K. Kale for applicant, A.P.P. Smt. Sangale for State.
6.It is part of record that coaccused Shubham who is attributed the role to give threatenings to the informant along with the applicant is already released on bail. The allegations made against the applicant that he committed house tress pass and gave threatenings to the informant in respect of one Ganesh Bhati are not of a nature which warrant custodial interrogation. The statements of the material witnesses alleged to have been present in the house when the offence was committed are recorded. There is nothing to be recovered at the instance of applicant. Therefore, having regard to the nature of offence, the applicant can be released on bail by imposing certain conditions so as to facilitate the further investigation. The apprehension of prosecution that applicant may tamper prosecution evidence can be taken care of by imposing certain conditions for his release on bail. The application thus deserves to be allowed. In result, I pass the following order :
O R D E R
(i) The application is allowed.
(ii) In the event of arrest, the I.O./P.I of concern police station shall release the applicant/accused on anticipatory bail in Crime No. 314/2020 registered at Sarkarwada Police Station for commission of offence punishable U/Sec. 452, 504, 506, 507 r/w section 34 of Indian Penal Code. on his executing P.B
and S.B. of Rs.20,000/ (Rupees Twenty Thousand Only) with one or two solvent surety of the like amount.
(iii) Applicant to attend Sarkarwada Police Station on every Wednesday between 11.00 a.m. to 1.00 p.m. till filing of chargesheet.
(iv) He shall not tamper with prosecution evidence and/or threaten the prosecution witnesses in any manner.
(v) Breach of any above condition shall entail cancellation of bail.
(Dictated and pronounced in open court) Digitally signed by Pradeep Pradeep Bhimrao Ghuge Bhimrao Ghuge Date: 2021.01.05 16:42:31 +0530 (P. B. Ghuge) Place : Nashik. Additional Sessions Judge, Date : 04012021 Nashik