CNR
No.
MHNS010023092
022
Order below Exh.1 in Cri. Bail Application No.570 /2022
( Vikki Kirti Thakur Vs. State )
This is an application for prearrest bail u/s. 438 of
the Cr.P.C. in C.R. 79 of 2022 registered with Sarkarwada Police
Station, Nashik u/ss.
326,323,504 r/w.34 of The Indian Penal
Code(IPC).
2.
submits
The learned counsel Mr. R.D. Ahwad for the applicant
that, applicant is
concerned
with
alleged
innocent
commission
and
of
he is
offence.
not at all
There
is
apprehension of his arrest. He is ready to abide by any of the
terms and conditions to be imposed by this Court. He has got fixed
and permanent place of residence and undertakes to cooperate
investigation. Other accused have been released on regular bail in
this case.
3.
Learned APP Mr.Kapse, by filing pursis (Exh.7) adopted
say (Exh.6) filed by Investigation officer (I.O.) and strongly
objected this application. I.O. is present alongwith police papers.
4.
It is the case of prosecution that,
applicant took the
informant to Mat Garments wherein, accused Rahul Nandan struck
him by wooden plank on his head which resulted in bleeding injury
and present applicant pointed “Katta” to the left side of his stomach
and told that, “ rq l/;k HkkbZ >kyk vkgs dk ?” , abused,and hit him by
..2..
fist and kick blows on his stomach and hand,due to which, he
became unconscious.
5.
Ld. A.P.P. has opposed this application on the
grounds that, offence is serious in nature, weapon of the offence
i.e. “Katta” is yet to be recovered. I.O., opposed this application on
the ground that, Sec.326 of IPC
has been added latter on in said
crime. Medical certificate shows that, nature of injury is grievous,
as there is fracture. Applicant may hamper or tamper prosecution
witnesses and evidence, and investigation is incomplete. Applicant
has criminal antecedents as
four C.Rs i.e.(i) C.R. 07/2017 of
Surgana Police Station, Nashik Rural,(ii)C.R.74 of 2015 of
Gangapur Police Station, Nashik City,(iii)C.R. 389 of 2014 of
Panchavati Police Station, Nashik City, and (iv)C.R. 491 of 2018 of
Panchavati Police Station, Nashik City have been registered.
6.
Perusal
of
record
reveals
that,
there
is
direct
involvement of the accused, as he has pointed out “Katta” to the
informant and beat him mercilessly.
Perusal
of
extract
of
medico legal case register reveals that, injury sustained by the
informant is grievous in nature. Initially, police had applied sec.
324 and thereafter they added sec. 326 of IPC after obtaining
medical certificate. Offence is serious in nature and investigation is
incomplete. Dangerous weapon i.e. “Katta” used by applicant is to
be recovered at his instance. Physical custody of the applicant is
necessary for the purpose of investigation. To buttress his
submission that, registration of CRs cannot be considered as
grounds to reject bail. Mr. Ahwad relies upon, “Maulana
..3..
Cri.Bail No./2021.
Mahamad Amir Rashadi Vs. State of Uttar Pradesh and Anr. in
Criminal Appeal No. 159 of 2012 arising out of S.L.P.
(Crl.)No.10244 of 2010 S.C. dated 16.01.2012”. In the reported
case,FIR was registered u/s. 302 and 307 of I.P.C., against accused,
a member of Parliament. Other cases were also against him, out
which some ended in acquittal or, some pending trial.
Trial
commenced and two witnesses were examined wherein, he was in
jail for about one year, which are not there in the present case.
Thus, factual backgrounds in the above reported case are entirely
different. Hence, this authority is not at all helpful to applicant.
Above grounds are not just and satisfactory to release the applicant
on bail. Consequently, I am not inclined to exercise my discretion
in favour of the applicant. Hence, the order.
ORDER
This application stands rejected.
Date:17.05.2022.
( S. T. Tripathi )
Additional Sessions Judge7,
Nashik.