(Order below Exh.1)
A.B.A.No.981/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
ANTICIPATORY BAIL APPLICATION NO.981 OF 2022
Vijay Tulshiram Tongare
] .. Applicant/accused
V/s.
The State of Maharashtra
Through– P.I. Dindori Police Station.

]
] .. Respondent/prosecution
Advocate Shri.Rupesh Bhalshankar for the applicants/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This is an application filed under Section 438 of the Criminal
Procedure Code for offence punishable under Sections 147, 149, 324,
326, 352, 504, 506 of the IPC in C.R.No.251/2022 of Dindori Police
Station.
2.

Facts of the prosecution case are as follows That on 5.7.2022, original complainant got notice from Land
Record Dept. That there is measurement of land Gat No.377, as per
request of original complainant’s relative brother. It is further alleged
that on the same day the measurement officer refused to do the
measurement of land on the pretext of applicant no.1 Suresh
Ramchnadra Gaikwad who is party to ABA 980/2022 is not having
possession. It is further alleged that measurement officer and police
staff left and spot so, original complainant also left the spot and
when he was en-rout to his village the applicant nos.1, 2 (who are
party to ABA 980/2022 and 5 obstructed original complainant and
original complainant was forced to come out of his car and they beat
to original complainant by hand and fist. It is alleged that applicant
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(Order below Exh.1)
A.B.A.No.981/2022
nos.1, 2 and 5 also abused to original complainant. It is further
alleged that thereafter, applicant no.5 took off the gold chain of one
and half gram from original complainant and applicant no.1
snatched Rs.10,000/- cash from original complainant and gave it to
applicant no.2 (who is party to ABA 980/2022). It is further alleged
that, thereafter applicant no.3, beat to original complainant by the
stick in the hand of applicant no.3 which applicant no.3 used to
walk, he being incapable to walk and see due to partial
handicapness. Applicant no.3 is beating by stick caused right hand
elbow injury and spine injury. It is further alleged as the original
complainant lost the consciousness the applicants left the spot. It is
further alleged that after half an hour original complainant regained
the consciousness and call his friend and this friend send this diver to
original complainant and this driver took original complainant to
Vighnaharta Hospital, Trimurti Chowk, Nashik and thereafter this FIR
came to be lodged.
3.

The applicant’s case is that he is falsely implicated in the case
for land dispute is going on between the original complainant and
applicant no.1 Suresh Ramchnadra Gaikwad and applicant no.3
Vinayak Jramchandara Gaikwad who are party to ABA 980/2022
since long. R.C.S.No.152/2000 is deal against many defendants in
which present original complainant is defendant no.4 and against
this decree all the defendants have filed Civil Suit No.52/2008 in
Nashik District Court, wherein present original complainant is
appellant no.4 who are party to ABA 980/2022 and thus appeal also
went against the original complaint alongwith other defendants. The
dispute is regarding Gat No.395 situated at Kochargaon, Dindori,
Nashik.
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(Order below Exh.1)
4.

A.B.A.No.981/2022
At present dispute is going about Gat No.371 and 377 between
applicant nos.1 and 3 of ABA 980/2022 and original complainant.
Applicant no.3 of ABA 980/2022 applied for measurement of Gat
No.377 to Land Record Office. Again second application was filed for
the measurement which was allowed. It was filed by paying
Rs.25,000/- to the government. He has filed all the relevant receipts
and application on record at Annexture – ‘O’ and ‘T’ on record. He has
also filed R.T.I. application in order to provide second report of
measurement at Annexture- ‘Q’. On 27.11.2021 after measurement of
land Dindori Police Station has warned in writing to present original
complainant and other not to disturb the legal claim of applicant
no.1 of ABA 980/2022 without Court order or else action will be
taken against them. On 4.11.2021 Dindori Police Station issued letter
to applicant no.1 of ABA 980/2022 that the complaint of applicant
no.1 of ABA 980/2022 is attended and directed to do measurement
of land with appointment of care taker of the land and make proper
revenue record being residence of Mumbai. (Annexture-S) As the
second measurement of Gat No.377 fails due to the objection of
present complainant, applicant no.1 of ABA 980/2022 filed RTI
application for signature report of it sensing that the applicant no.1
of ABA 980/2022 will file civil case for injunction and therefore filed
this false complaint to pressurize the applicants. The FIR is filed with
malafied intention and they are apprehending arrest. Hence, this
application.
5.

I have heard learned advocate Shri.Rupesh Bhalshankar who
pithily submitted that there are several civil disputes going on in
between the parties. There is already previous enmity between the
parties. But there are no criminal antecedence. Learned APP has
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(Order below Exh.1)
A.B.A.No.981/2022
submitted that accused caused fatal injury to the informant. Hence,
the applicant is not entitled for pre-arrest bail.
6.

Heard both side. Perused application and say.

7.

While considering prayers for grant of anticipatory bail, a
balance has to be struck between the factors namely, no pre-judice
should be caused to free, fair and full investigation and there should
be prevention of harassment, humiliation and unjustified detention
of the accused. Frivolity in the prosecution be always considered and
it is only the element of genuineness that shall have to be considered
in the matter of bail.
8.

The alleged offence under Section 326 of IPC provides
punishment up to life imprisonment but all other offence are
bailable. It nowhere reveals after perusal of the say filed by the
prosecution that the applicant accused are habitual offender. It is
nowhere dispute that accused no.1 of ABA 980/2022 is government
servant and accused no. 3 of ABA 980/2022 is also Civil Cleaner in
Police Department. Accused no.2 and 4 of ABA 980/2022 are wife of
accused no.1 and 3 respectively. Applicant of this bail application is
servant of Mr.Suresh Gaikwad (applicant no.1 of ABA 980/2022). He
come with a case that he has played no role in alleged offence. The
record filed alongwith application transpires that various civil suits
are pending between the parties and matters are sub-judice for
decision of civil rights before concern Court. I have gone through the
medical certificate filed on record by the I.O. The say filed by the
prosecution reveals that the assault by the wooden stick and theft of
10.5 gram gold which is yet to be recovered. The medical certificate
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(Order below Exh.1)
A.B.A.No.981/2022
reveals fracture injury. But considering the dispute between both the
parties the offence triable under Section 326 before Magisterial
Court. The theft of Rs. 10,000/- and gold story seems to be
suspicious. As record reveals that on various times government land
measurement fees has been paid by the applicant. This applicant is
servant of applicant no.1 of ABA 980/22. He has denied all
allegations. Despite of it Ld. Counsel Shri.Bhalshankar submitted that
for the safety of career of this applicant; applicant nos.1 to 4 of ABA
980/2022 are ready to deposit amount of Re. 10,000/- and value of
10.5 gram gold in the Court subject to the outcome of final disposal
of the case.
9.

I have gone through all the documents and FIR, it reveals that
civil disputes are going on between the parties. The applicant placed
reliance on copy of notice under Section 149 of Cr.P.C. send to
informant and his two brothers by restraining entry in Gat No.395. It
supports claim of applicant about civil and revenue disputes with
informant. The prosecution has not filed medico-legal certificate on
record from Govt. Hospital. Say of Dindori Police Station at Exh.8
nowhere reveals that injured informant is still admitted in any
hospital. As per the FIR accused no.3 assaulted by wooden stick on
informant’s right hand, leg and back and he lost consciousness.
Therefore, story of the informant seems to be suspicious. Despite of it
as there are no criminal antecedents against them and accused are
ready to abide any condition and considering basic principles of law,
‘jail is exception and bail is rule’. Applicant being servant is without
any
criminal
antecedents.

Considering
the
apprehension
of
investigation agency about flee over trial stringent condition can be
granted. The applicant/accused shall co-operate the investigation
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(Order below Exh.1)
A.B.A.No.981/2022
agency for recording statement and
recovery of articles, if any.

Hence, I pass following ORDER
1.

Anticipatory Bail Application No.981/2022 is
allowed.

2.

The applicant/accused shall be released on bail, in
the event of his arrest by Dindori Police Station in
CR No.251 of 2022 registered for the offence
punishable under Section 147, 149, 324, 326, 352,
504, 506 of the Indian Penal Code on executing PR
Bond of Rs.30,000/- with one or two solvent
surety of like amount on the following conditions:
a)
That the applicant 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 the police officer.

b)
The applicant shall not leave India without the
previous permission of the Court.

c)
The applicant shall attend Dindori Police Station
on every Monday in between 11.00 a.m. to 2.00
p.m. till filing of charge-sheet.

3.

Concerned Police station be informed accordingly.

4.

The prayer for release on provisional cash bail in
like amount is allowed with eight weeks time to
furnish the surety.

5.

Criminal Bail Application stands disposed of
accordingly.
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.08.16
17:59:50 +0530
Nashik.
Date : 16.08.2022
(Dr. U.J. More)
Additional Sessions Judge
Nashik.
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