Cri. Bail Appln. No.543 of 2022 (Or. Exh.1)
1
IN THE COURT OF ADDITIONAL SESSIONS COURT, NASHIK,
AT­NASHIK.
(Presided over by Mr. M. H. Shaikh)
CRIMINAL BAIL APPLICATION No.543/2022
CNR No.MHNS010021662022
1.

Vishal Vidyasagar Sarode
Age : 27 yrs, Occu.: Driver
R/o : Sangharsha Nagar,
Vilholi, Nashik.

2.

Vasant Karbhari Medhe
Age : 31 yrs, Occu.: Service,
R/o : Polwada, Vilholi, Nashik.

… Applicants.

v/s
State of Maharashtra
Through – Indira Nagar Police
Station (CR No.I­62 of 2022)
… Opponent.

ORDER BELOW EXH. No.1
(Delivered on 05th May 2022)
1.

Read the application and the say filed by the respondent,
which is at Exh.4. Heard learned advocate for the applicants and learned
A.P.P. for the state.
2.

A crime stood registered
bearing No. 62/2022 at Indira
Nagar Police Station, under section 326,324,504 read with section 34 of
I.P.C. and under section 135 of the Maharashtra Police Act for an
allegations that on 23.4.2022 the incident had occurred wherein both the
accused, because of previous incident, which occurred a day before, had
assaulted the complainant on his head by iron rod.

Cri. Bail Appln. No.543 of 2022 (Or. Exh.1)
2
3.

Learned advocate for the applicants submit that the applicants are
falsely implicated in this case and they are innocent. He submits that the
names of these applicants are not found in the FIR. He submits that
muddemal i.e. iron rod is recovered by the police. He submits that the
investigation is almost completed and the complainant is also discharged
from the hospital. He submits that no purpose will be served by keeping
the applicants behind the bars. Therefore, prayed to allow the application
on any terms and conditions
4.

Learned advocate for the respondent­state submits that the
offence is serious in nature. The applicants had a motive, intention and
preparation and had assaulted on the head of the complainant because of
the incident which had taken place a day before. He submits that the
complainant is still in the hospital and taking treatment. He submits that
the statements of witnesses are yet to be recorded. He submits that after
investigation police may file charge­sheet, but one may not know what
will be the sections leveled by the police. Therefore he prayed to turn
down the application.
5.

Upon hearing and going through the material placed on
record, what can be gathered that one day before the incident occurred
wherein the applicants drove a vehicle on the complainant and gave cut to
him and therefore a quarrel occurred on next day,
one will not find the
names of the applicant in the FIR. On the above facts, the applicants came
to be arrested on suspicion and iron rod came to be seized from their
possession. Perusal of police papers reveals that the statements of
witnesses came to be recorded and clothes of the complainant came to be
seized, muddemal came to be seized, injury certificate is also obtained.

Cri. Bail Appln. No.543 of 2022 (Or. Exh.1)
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There are two versions, one is that the complainant is discharged and
second is that the complainant is yet in the hospital. But there is no
evidence in the form of documents to arrive at conclusion. However if we
see
apprehension
of
respondent­state,
one
will
find
that
their
apprehension is that the applicants may tamper with the prosecution
evidence and threaten and pressurize the complainant and witnesses. This
Court finds that the offence alleged is triable by the learned J.M.F.C.
Nashik. Moreover, on perusal of police papers it reveals that most of the
part of the investigation is completed and no purpose will be served in
keeping the applicants behind the bars. The apprehension of the
respondent can be taken care by imposing conditions upon the applicants.
In the result, the application succeeds. Hence the order.
ORDER
1.

The Criminal Bail Application No. 543/2022 is allowed.

2.

The Applicant No.1 Vishal Vidyasagar Sarode and No.2 Vasant
Karbhari Medhe be released on bail on their executing personal
bond of Rs.15,000/­ each with one solvent surety in the like amount
to the satisfaction of the Ld. J.M.F.C. in connection with CR. No.I­
62/2022 at Indira Nagar Police Station, under Section 326,324,504
r/w 34 of I.P.C. and under Section 135 of the Maharashtra Police
Act.

3.

The applicants not to tamper with the prosecution evidence.

4.

The applicants not to threaten and pressurize the complainant and
witnesses.

5.

The applicants to remain present before the Investigating Officer as
and when he calls them under prior written intimation.

6.
7.

Bail before the Ld. J.M.F.C.
In the above terms, application stands disposed off accordingly.

Place : Nashik.
Date : 05/05/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.05.05 18:12:14
+0530
(M. H. Shaikh)
Additional Sessions Judge,Nashik.