1
MHNS010035702022
Order below Exh. 1 in Criminal Bail
Application No. 884/2022.
1.

This is an application moved by the applicant/accused Yogesh
Shivaji Dabhade under section 439 of the Code of Criminal Procedure in
C.R.No. I­133/2022 registered against accused at Gangapur Police Station
for the offence punishable under section 379 of the Indian Penal Code.
2.

It is submitted by the accused that he has not committed any
offence. He has no concern with the offence. He has been arrested on
suspicion. There is delay in lodging the FIR and has been falsely
implicated in the crime. During custody nothing has been recovered from
the accused. Accused is local resident. He is ready to abide by all the
terms and conditions. Hence, prayed to allow the application.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused is habitual offender. Eight
offences are pending against him. Motorcycle has been recovered at the
instance of the accused during police custody. Accused will not remain
present. Accused will tamper the prosecution witnesses. Investigation is in
progress. Accused has to be arrested in crime no. 310/2022. Accused is
threat to the property of the citizen. Hence, prayed that application be
rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. Perused the
case papers. It is argued by the Advocate for the accused that accused has
falsely implicated.

Noting is to be recovered from him.

Offence is
2
punishable with three years. Hence, prayed that bail be granted.
5.

On the other hand Ld.APP has objected this application on the
ground that, accused is habitual offence. If he is released on bail his
presence will not secure and he will commit similar type of offence.
Hence, prayed that application be rejected.
6.

On perusing the case papers it is seen that motorcycle of the
complainant was stolen on 09.06.2022, however, the complaint was
lodged on 26.06.2022. Police has recovered the motorcycle from the
custody of the accused on 07.07.2022.

It reflects that bail order was
rejected on the count that accused is habitual offender and recovery has
been made from him. However, prosecution has not brought any evidence
to reflect that accused has been convicted for the offence leveled against
him.

It appears that all the offences are registered in the year 2022.

Hence, it cannot be said at this stage the accused is a habitual offender.
Though it is contended by the investigating officer that accused has to be
arrested in crime no.310/2022 of Ambad Police Station, however, it
cannot be a ground to decide the present application. Practically
investigation is completed.

Nothing remains to be recovered or
discovered. Trial will take time. Apprehension of the investigating officer
can be taken care by imposing conditions. Hence, I proceed to pass
following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Yogesh Shivaji Dabhade involved in C.R.No.
I­133/2022 registered with Gangapur Police Station for the
offence punishable under sections 379 of the Indian Penal Code, be
released on bail on his executing P.R. and S.B. of Rs.20,000/­
(Rupees Twenty Thousand Only) each with one or two sureties.

3
3.

The applicant/accused 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 him from disclosing such facts to
the court or to any police officer or tamper with the evidence.

4.

Accused shall not commit similar type of offence.

5.

Accused shall mark his presence in Gangapur Police Station on
every Monday from 11.00 a.m. to 1.00 p.m. once in 8 days till
filing of the charge­sheet and to co­operate Investigating Officer.

6.

Accused shall not tamper with the prosecution evidence or
witnesses.

7.

Accused shall furnish his existing address proof, photo identity
and mobile number of self and his two close relatives. In case of
change of address he will intimate the same to the Investigating
Officer and to the Court.

8.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

9.

Bail before committal court, if the case is not committed.

Nashik.
Date : 18/07/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.