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Cri.B.A.No.13502022
Criminal Bail Application No.1350/2022
CNR No. MHNS010056412022
[Vinit Pundlik Zalte etc.2 V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in
Cr.No.I222/2022 of Adgaon P. S., for offences punishable under
Sections 363, 364A, 120B of
I.P.C., Sec.3/25 of Arms Act and
Sec.135 of Maharashtra Police Act on the basis of FIR lodged by
Rohan Yogesh Bhalerao.
2.
Bail application is filed on the ground that the applicants
are innocent and have been falsely implicated in the case. That
names of the applicants do not feature in FIR. There is no role of
present applicants attributed to the offence. Coaccused are released
on bail. They have not kidnapped informant nor demanded any
illegal amount. Nothing has been recovered or discovered at the
instance of applicants. They have no concerned with the offence.
They will not hamper prosecution evidence. They will cooperate
investigation machinery. They are ready to abide by all terms and
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.
APP Mr. Nikam and filed say resisting for grant of application on the
grounds that offence is serious one and investigation is in progress.
There are evidence against the accused. There are criminal
antecedents against accused. The accused kidnapped witnesses and
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Cri.B.A.No.13502022
demanded ransom of Rs. 1 crore by threatening them with knife and
pistol. The weapons i.e. countrymadepistol and knife are seized
and accused are arrested at Saputara police station, Gujrat State.
That the applicants and prime accused Vinod Dangle exchanged
phone calls amongst each other. If released, they will tamper with
prosecution evidence and will pressurize informant and witnesses.
On these main grounds and others have prayed for rejection of bail
application.
4.
Heard Ld. Advocate Mr.R.D.Avhad for applicants.
Perused bail application. Heard Ld. APP Mr.Nikam. Perused police
papers and say filed by Adgaon police station. During the pendency
of application, Ld.Advocate Mr.R.D.Avhad has not pressed an
application against Vinit Pundlik Zalte [applicant No.1]
5.
On perusal of F.I.R., it mentions that informant’s father
called him and told that one Vinit and others have kidnapped him
and his nephew and are demanding money. The investigation
further reveals about demand of Rs. 1 crore as ransom. The
investigation further reveals that abductors and victims were
apprehended in Saputara, Gujrath Border. The present applicant
was found in Innova Crista vehicle No.MH15SU7800.
6.
The name of the present applicants are not mentioned in
FIR. They are not the owner of Innova car. The say of the
Investigating Officer does not reveal any criminal antecedents
against present applicants. Hence, on certain terms and conditions,
discretion in form of regular bail can be exercised in favour of the
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Cri.B.A.No.13502022
applicants. Hence, following order is passed :
ORDER
(1). Application is partly allowed.
(2). Santosh Maruti Shinde [applicant No.2] and Bharat
Dattatraya Deore [applicant No.3] be released on bail in
Cr.No.I222/2022 of Adgaon P.S., for offences punishable
under Sections 363, 364A, 120B of I.P.C., Sec.3/25 of Arms
Act and Sec.135 of Maharashtra Police Act on furnishing a PR
and SB of Rs.25,000/ each with one or more sureties of like
amount on following conditions.
(a). They shall attend Adgaon Police Station on every Sunday
between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet,
(b). They should furnish two documents about his identity proof
and two documents in respect of identity proof of his relatives.
(c). 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.
(d). Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 07/11/2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.11.07
16:36:40 +0530
( V. P. Desai)
Additional Sessions Judge, Nashik.