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Cri.B.A.Nos.1274/2020 & 1275/2020
Criminal Bail Application No.1274/2020
CNR No. MHNS010035952020
[Vasant Gangaram Dighe and other vs. State]
Criminal Bail Application No.1275/2020
CNR No. MHNS010035962020
[Vishnu Manga Dobade etc.5 vs. State]
Common Order below Exh.01
The applicants have preferred these applications for
anticipatory bail praying therein that they may be released on bail
in the event of arrest in connection with CR.No.I­207/2020
registered with Harsul police station for the offences punishable
under Sec.143, 188, 269, 270, 341, 353, 504 r/w 34 of IPC and
under Sec.2 of Epidemic Diseases Act, 1897, under Sec.51(b) of
disaster Management Act, 2005 and Under Sec.11 of Maharashtra
Covid­19 Ordinance, 2020, on the basis of FIR lodged by Mukta
Ghansham Gore contending therein that she is Gram Sevak of
village Kone, Tal.Trimbakeshwar. On 18.9.2020, monthly meeting
of Gram Panchayat was scheduled at 10.45 a.m. But the Sarpanch
Ms.Sarita Udar was not present. On communicating with the
Sarpanch, she showed her inability to attend the meeting.
Accordingly, this fact was informed to the members. However, they
were in no mood to listen and when informant was proceeding in
her four wheeler bearing registration No.MH­15­GX­1540 to attend
Panchayat Samiti Office, Trimbakeshwar, Vishnu Manga Dabhode
along with 40­50 villagers obstructed informant, compelled
informant to come out of the car and wrongfully confined her at
Gram Panchayat office, village Kone.

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2.

Cri.B.A.Nos.1274/2020 & 1275/2020
Bail applications are filed on the ground that the
applicants are innocent and have been falsely implicated in the case.
That the meeting was scheduled on 18.9.2020 with respect to
utilization of funds and the Gram Sevak gave evasive answers.
Minimum chorum was present and therefore villagers requested
informant to continue with the meeting. That the informant had
abused Vishnu Dabhode on his caste, for which he has filed
complaint. Nothing is to be recovered or discovered at the instance
of the applicant. Hence, has prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

APP Mr. Gorwadkar and filed say resisting for grant of application
on the grounds that statement of witnesses are to be recorded and
necessary orders be passed.

4.

Heard Ld. Advocate Mr.Bhanose for applicant. Perused
bail application.

Heard Ld. APP Mr.Gorwadkar. Perused police
papers and say filed by Harsul police station.

5.

On perusal of FIR, as well as the case papers, it is not in
dispute that informant was Gram Sevak of village Kone and meeting
was scheduled. It is also not in dispute that the Sarpanch did not
attend the meeting. From the FIR it can be gathered that the
accused persons and villagers stopped the informant from
proceeding to Panchayat Samiti office Trimbakeshwar. The name of
the applicants feature in the FIR and there is no reason for the
informant to be confused with respect to identification of accsued
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Cri.B.A.Nos.1274/2020 & 1275/2020
persons as she is Gram Sevak and the applicants also belong to same
village. However, there are no allegations that the informant was
manhandled by the applicants. The only objection raised by the
Investigating Officer is that he has to record statement of the
witnesses for which custodial interrogation of the applicants is not
required. Hence, considering the facts and circumstances, more
particularly reasons mentioned in say filed by Investigating Officer,
it will be appropriate to exercise discretion in favour of the
applicants on certain terms and conditions. Hence, I proceed to
pass following order :
ORDER
(1). Criminal Bail Application Nos.1274/2020 and 1275/2020 are
allowed.

(2). In the event of arrest of the applicant No.1 Vasant Gangaram
Dighe
and
applicant
No.2
Yashwant
Hari
Udar
in
Cri.B.A.No.1274/2020 and applicant No.1 Vishnu Manga Dobade,
applicant No.2 Krushna Soma Khotare, applicant No.3 Gulab Sonu
Bhoye, applicant No.4 Dnyaneshwar Popat Salave, applicant No.5
Ravi Prakash Udar and applicant No.6 Ganesh Ganpat Udar in
Cri.B.A.No.1275/2020
in
connection
with
CR.No.I­207/2020
registered with Harsul police station for the offences punishable
under Sec.143, 188, 269, 270, 341, 353, 504 r/w 34 of IPC and
under Sec.2 of Epidemic Diseases Act, 1897, under Sec.51(b) of
disaster Management Act, 2005 and Under Sec.11 of Maharashtra
Covid­19 Ordinance, 2020, on the basis of FIR lodged by Mukta
Ghansham Gore, the above named applicants be released on bail, on
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Cri.B.A.Nos.1274/2020 & 1275/2020
furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand
only)each, with one surety of like amount on following conditions.
(a). They 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 them from disclosing such facts to the Court
or to any police officer.
(b). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
Vardhan
Prataprao
Desai
Nashik.
Date : 07.10.2020
Digitally signed by
Vardhan Prataprao
Desai
Date: 2020.10.07
14:00:51 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.