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Cri.B.A.No.1041/2022
Order below Exh.01 in Cri.B.A.No.1041/2022
CNR No.MHNS010044742022
(Vasudev Jagumal Karda vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with CR.No.I­243/2022 registered
with Nashik Road police station for the offence punishable under
Sec.452, 427 r/w 34 of IPC, on the basis of FIR lodged by Suresh
Ramchandra Hirani.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That offence
u/s. 452 of IPC is not made out. That applicant nowhere seen or
shown to have either thrown the footwear out or cutting wire of
CCTV camera at any point of time. That applicant is not owner nor
he has purchased property mentioned in FIR. That applicant is 66
years old. He is relative of persons who purchased flat Nos.2 and 3
from previous owner Mahesh Rajendra hence he has been arrayed
as an accused. There is one year delay in filing FIR. There is no need
of custodial interrogation of applicant. He is not habitual offender.
He is ready to co­operate with the investigation. He shall not tamper
with prosecution witnesses. He is ready to abide by conditions
imposed by the court. On these main grounds and others have
prayed for bail.

3.

Notice was issued to State. State appeared through Ld.

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Cri.B.A.No.1041/2022
APP Mr. Kotwal and filed say resisting for grant of application on
the grounds that the accused is absconded since the commission of
offence. Other co­accused are to be arrested. Investigation is to be
completed as to the motive of offence and of prime accused. If
released on bail, he will create hindrance in investigation and
informant or witnesses will be pressurized. On these main grounds
and others have prayed for rejection of the bail application.

4.

Heard Ld. Advocate Mr.V.K.Rao for applicant. Perused
bail application. Heard Ld. APP Mr.Kotwal. Perused police papers
and say filed by Nashik Road police station.

5.

On perusal of FIR as well as case papers, it is apparent
that the footwears kept in godown were removed from the period
15.2.2021 to 12.9.2021 from flat Nos.2 and 3 [office 4, 5, 6, 7] by
breaking open the lock. From the FIR, it can be gathered that
footwears were thrown away. On perusal of grounds mentioned in
the say filed by Nashik Road police station, none mentions the need
for recovery. According to the informant, the incident took place
between 15.2.2021 to 12.9.2021. The offence is registered on
12.8.2022. There is huge delay in lodging FIR. The custodial
interrogation of the applicant is not warranted. The applicant being
66 years of age, can be granted anticipatory bail on certain terms
and conditions. Hence, following order is passed :
ORDER
(1). Application is allowed.

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Cri.B.A.No.1041/2022
(2). In the event of arrest of the applicant Vasudev Jagumal Karda
in connection with CR.No.I­243/2022 registered with Nashik Road
police station for the offence punishable under Sec.452, 427 r/w 34
of IPC, on the basis of FIR lodged by Suresh Ramchandra Hirani, the
above named applicant be released on bail, on furnishing a PR and
SB of Rs. 15,000/­ ( Rupees Fifteen Thousand only), with one surety
of like amount on following conditions.
(a). He shall attend concern Police Station as and when called by
Investigating Officer till filling of charge­sheet.
(b). 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 them from disclosing such facts to the Court
or to any police officer.
(c). 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 : 05.09.2022
Digitally signed by
VARDHAN
PRATAPRAO
DESAI
Date: 2022.09.05
16:36:47 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.