Cri Bail Appln. No.1371 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.1371 of 2022
CNR NO.MHNS010057432022
Yadav Motiram Gangurde @ Yashwant
Age : 30 years, Occu.: Agriculture
R/o : At­Chinchapada, Surgana, Post­Hatti,
Tal. Surgana, Dist. Nashik.
… Applicant/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. Jagannath B. Wadje 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
Respondent/Surgana Police Station under Sections 7, 7­A and 12 of the
Prevention of Corruption Act.

Cri Bail Appln. No.1371 of 2022 (Or. Exh.1)
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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, accused Nos.1 and 2
demanded bribe to the complainant being the public servant. The applicant
is not a public servant, but he had received the amount for accused Nos.1
and 2. 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 applicant that, he is falsely implicated in
this case. He did not receive any amount from the complainant for accused
Nos.1 and 2. Investigation is almost completed. No purpose will be served
in keeping the applicant 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 applicant and accused Nos.1 and 2 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.

Cri Bail Appln. No.1371 of 2022 (Or. Exh.1)
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Therefore, by imposing certain conditions, applicant can be admitted to
bail. In the result, the following order.
ORDER
1.

Criminal Bail Application No.1371 of 2022 is allowed.

2.

Applicant Yadav Motiram Gangurde @ Yashwant be released on
bail on his executing a personal bond of Rs.15,000/­ with solvent
surety 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 Yadav Motiram Gangurde @ Yashwant not to repeat the
similar offences in future.

4.

Applicant Yadav Motiram Gangurde @ Yashwant not to threaten
and pressurize the complainant and the witnesses.

5.

In the above terms, Criminal Bail Application No.1371 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
11:09:02 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.