Vilas Motiram Khatke and Anr Vs State of Maharashtra Nashik Sessions Court BA No 1372 of 2022

Cri Bail Appln. No.1372 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1372 of 2022
CNR NO.MHNS010057442022
1.

Vilas Motiram Khatke
Age : 38 years, Occu.: Service
R/o : Opp. Bank of Baroda, Surgana,
Tal. Surgana, Dist. Nashik.

2.

Pramod Balasaheb Patole
Age : 37 years, Occu.: Service
R/o : At­Surgana, Tal. Surgana,
Dist. Nashik.

… Applicants/Accused.

V/S
State of Maharashtra
Through – A.C.B., Nashik.
Surgana Police Station, Nashik.
(C. R. No. I­55/2022 )
… Respondent/State.

Appearance :
Ld. Adv. Shri. Rahul J. Kasliwal for Applicants/Accused.
Ld. A.P.P. Shri. Pankaj R. Chandrakar for Respondent/State.
ORDER BELOW EXH. NO.1
(Delivered on 09th November, 2022)
1.

This is an application under Section 439 of Criminal
Procedure Code for grant of bail in C.R. No.I­55 of 2022 registered at
Cri Bail Appln. No.1372 of 2022 (Or. Exh.1)
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Respondent/Surgana Police Station under Sections 7, 7­A and 12 of the
Prevention of Corruption Act.
2.

Read the application and the say filed by the respondent vide
Exh.3. Heard Ld. Advocate for the applicant and Ld. A.P.P. for the State.
3.

It is the case of the prosecution that, applicants demanded
bribe to the complainant being the public servant. On the complaint, the
trap was arranged and applicant and accused Nos.1 and 2 came to be
arrested and the matter came to be reported to the Police.
4.

It is the case of the applicants that, they are falsely implicated
in this case. They did not receive any amount from the complainant.
Investigation is almost completed. No purpose will be served in keeping the
applicants behind the bar. Ready to abide by the terms and conditions likely
to be impose by the Court. Therefore, prayed to allow the application.

5.

Respondent filed their say vide Exh.3 and objected on the
grounds that, statements of the witnesses are to be recoded, map of spot of
incident is to be prepared and investigation is in primary stage. Therefore,
prayed to turn down the application.

6.

Upon hearing and going through the material placed on
record, what can be gathered is that, the raid was conducted on the
complaint of the complainant and applicants and accused No.3 came to be
arrested. The grounds for rejection of application do not appeal to this
Court. The maximum punishment for the offences alleged are seven years.
Therefore, by imposing certain conditions, applicants can be admitted to
Cri Bail Appln. No.1372 of 2022 (Or. Exh.1)
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bail. In the result, the following order.
ORDER
1.

Criminal Bail Application No.1372 of 2022 is allowed.

2.

Applicant No.1 Vilas Motiram Khadke and No.2 Pramod Balasaheb
Patole be released on bail on their executing a personal bond of
Rs.15,000/­ with solvent sureties in like amount in connection with
C.R. No.I­55 of 2022 registered with Respondent/ Surgana Police
Station under Sections 7, 7­A and 12 of the Prevention of Corruption
Act.

3.

Applicant No.1 Vilas Motiram Khadke and No.2 Pramod Balasaheb
Patole not to repeat the similar offences in future.

4.

Applicant No.1 Vilas Motiram Khadke and No.2 Pramod Balasaheb
Patole not to threaten and pressurize the complainant and the
witnesses.

5.

In the above terms, Criminal Bail Application No.1372 of 2022
stands disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 09/11/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.11.12
11:09:46 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.