Cri.B.A.No.1844/2020
Criminal Bail Application No.1844/2020
CNR No. MHNS010054862020
[Vishal @ Sagar Vilas Navale etc.1 V s. State]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in Cr.No.I88/2020 of Nashik Taluka P. S., for offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of I.P.C., and Sec.3/25 of The Arms Act on the basis of FIR lodged by Tukaram Dattu Dange contending therein that on 25/11/2020 at 230 hrs. when he was proceeding from Kutty Mission to his house, he was apprehended by accused persons namely Sunil Navle, Mahesh Navle, Sampat Navle, Sharad Navle, Roshan Navle and there was attempt to commit his murder.
2.Bail application is filed on the ground that the applicants are innocent and falsely implicated in the case. That on 22.11.2020, there was small scuffle between applicants and informant and Akash Dange who sustained injuries. The injury certificate of informant as well as Akash Dange does not corroborate the version put forth by the informant. The informant and the applicants are relatives of each other. There is delay in lodging FIR.
Weapons are seized. Further detention is not required. There are no criminal antecedents against applicants. They are permanent residents of Vilholi, Dist. Nashik. They will not tamper with prosecution evidence or pressurize the witnesses. They are ready to abide by terms and conditions if any imposed by the Court. On these main grounds and the others mentioned in the application have prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that, the accused Nos. 3 to 7 are to be arrested and weapons are to be seized from them. Vehicles are to be seized.
Investigation is in progress. There is possibility of tamper with prosecution evidence. On these main grounds and others have prayed for rejection of bail application.
4.Heard Ld. Advocate Mr. Vaishampayan for applicants.
Perused bail application. Heard Ld. APP Mr. Kotwal. Perused police papers and say filed by Nashik Taluka police station. Both the learned Advocate as well as learned APP respectively reiterated the contents made in bail application and say of the police.
5.On perusal of FIR as well as case papers, it is contended therein that on 25/11/2020 at 230 p.m. when the informant was proceeding on his motorcycle from Kutty to his house, the Swift Desire car no.MH159947 driven by Vishal Navle dashed him.
Thereafter Vishal Navle assaulted him by jack on his back. Sunil Navle assaulted him by wooden log on his left leg. Thereafter, Vishal called from his mobile phone and pursuant to the call, one Scorpio vehicle, Balero and another vehicle came at the spot. Even two motorcycles came. Thereafter, Mahesh Navle assaulted the informant on his head by wooden log. Sampat Navle applied revolver. Rahul Navle, Sharad Navle assaulted the informant on his back and hand. Vishal Navle assaulted by the wooden log on his left hand. Roshan Navle assaulted by the iron rod on his back when the informant’s cousin brother Akash Dange came to his rescue even he was assaulted by iron rod and wooden log. Thereafter, both the injured were admitted into the hospital.
6.On perusal of the medical reports, informant Tukaram Dange has suffered a fracture. If the FIR is to be believed, then there should be multiple injuries on the body of Tukaram Dange.
However, there is just one injury sustained to him. Akash Dange is having multiple injuries, but all are simple in nature.
7.There is crosscomplaint in the form of Vishal Navle i.e. applicant no.1 lodging FIR No.90/2020 for the offences punishable under section 307, 143, 147, 148, 149, 427, 504 ,506 of IPC and u/s 3 /25 of Arms Act and u/s 135 of the Maharashtra Police Act against Akash Dange, Tushar Dange, Balu Dange, Tukaram Dange, Savliram Dange. The investigating officer has also collected medical certificate of Sunil Navle who is applicant no.2 in the present bail application wherein he has suffered five injuries out of which two are grievous in nature.
8.From the contents of both the FIR crime no.88/2020 and 90/2020 which are cross complaints, one can gather that there was free fight between both the parties. The FIR specifically states that there was use of weapons such as pistol, iron rod and wooden logs.
As far as present applicants are concerned, already the wooden logs,
iron rod, jack are seized from them. On bare perusal of respective medical certificates Sunil has received as many as 5 injuries. On inquiry with the Investigating Officer, he stated that both the injured are discharged from the hospital. Even after considering the nature of injuries, there is no likelihood of escalation of the offences. The injuries sustained to the informant and the witness are not life threatening. Considering the present Covid19 pandemic situation, it will not be proper to keep the applicants behind bar who have themselves received injuries at the hands of the informant. Hence, discretion can be exercised in favour of the applicants on certain terms and conditions against whom there are no criminal antecedents as can be observed from police report.
Hence, I pass following order.
ORDER
(1). Application is allowed.
(2).The applicant No.1 Vishal @ Sagar Vilas Navale and applicant No.2 Sunil Sampat Navale be released on bail in Cr.No.I88/2020 of Nashik Taluka P. S., for offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 of I.P.C., and Sec.3/25 of The Arms Act on furnishing a PR and SB of Rs.25,000/ each with one or more solvent sureties of like amount on following conditions.
(a). They shall attend Nashik Taluka 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 Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2021.01.08 14:02:50 +0530
Nashik. ( V. P. Desai) Date : 07/01/2021 Additional Sessions Judge, Nashik.