CNR No. MHNS010033872022
Order below Exh.1 in Cri. Bail Application No. 832/2022.
( Yogesh Rupchand Walkande Vs. State )
This application is moved by the applicant­accused Yogesh
Rupchand Walkande under section 438 of Cr.P.C. in connection with
CR No.9/2022 registered with Igatpuri Police Station, Dist. Nashik for
the offence U/s. 302,307,452,427,143, 147, 148,323, 504, 506 r.w.s.
149 of the Indian Penal Code, under section 4/25 of the Arms Act and
section 37(1)(3) r.w.s.135 of the Maharashtra Police Act, in the event
of his arrest in the above mentioned crime.
2.

It is stated in the application that, the name of the applicant­
accused is falsely involved in the crime as he is residents of village
Nandgaon Sado. He has not committed any offence and he has been
falsely implicated as his motorcycle was found on the spot. In this
offence the investigation is completed and the charge­sheet is filed in
the court bearing RCC No.56/2022. It is further stated that, there is
nothing remain to seize from him, these and other grounds set out in
the application, prayed to allow the application.
3.

Application is opposed by the State by filing report vide
Exh.6.
4.

Perused the record. Heard, both the parties.

5.

The learned counsel for applicant­accused Shri. Arshende
has submitted that the name of the applicant­accused has not been
involved in the present crime and he was not present on the spot and
his name is not mentioned in the FIR as an assailant by the first
informant. So far as report filed by the police is concerned, it is also not
specifically pointing out any role against the applicant­accused and his
antecedents are clean. Therefore, considering this fact, the applicant­
..2..

accused may be enlarge on bail on terms and condition laid down by
this court.
6.

On the other hand, learned APP Shri. Suryawanshi has
submitted that the said incident had occurred on day time, 30 to 40
persons have collectively assaulted the son of first informant and his
friends and in the said incident one Rahul Ramesh Salve was murdered
and the son of first informant sustained serious injuries. His motorcycle
is found on the spot. His brother is also accused in the present crime.
There is sufficient evidence against the applicant­accused to connect
with the present crime. Therefore, prayed to reject the application.
7.

I.O. is present with case papers.

8.

On perusal of the charge­sheet, it appears that the
motorcycle of the applicant­accused is found on the spot. His brother is
also involved in the present. The Investigating Officer is required to be
given sufficient opportunity to interrogate the applicant­accused as to
how his motorcycle was found on the spot. The heinous murder was
committed by the members of unlawful assembly and a terror is created
in the area and also damaged the vehicles and other private properties.
Therefore, considering the seriousness of the matter, the present
application is devoid of merit. Hence, following order is passed.
ORDER
1.

Anticipatory Bail application No.832/2022 is hereby rejected.

2.

Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 27.07.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.07.27
18:19:47 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.