Yogesh Trimbak Gavhane Vs State of Maharashtra Nashik Sessions Court BA 757 of 2022

CNR
MHNS010029922022
Order below Exh.1
in Cri. Bail Application No.757/2022.
( Yogesh Trimbak Gavhane Vs State)
This anticipatory bail application is moved by the
applicant­accused Yogesh Trimbak Gavhane under section 438 of the
Criminal Procedure Code for grant of bail in connection with CR
No.127/2022 registered with Ghoti Police Station for the offence under
section 323,325,427,504,506, 326 r/w sec.34 of the Indian Penal
Code, in the event of arrest in connection with above referred crime.
2.

It is stated in the application that, as per the FIR the
applicant­accused and the first informant are dealing in business of
building material supply and out of the said business rivalry alleged
incident dated 7.6.2022 had occurred and the applicant­accused is
facing charges as alleged above in para No.1. It is further stated that
the applicant­accused have been falsely implicated in this case. He has
not committed any offence. No offence under section 326 of IPC is
made out and these and other ground set out in the application present
application is moved for anticipatory bail.
3.

Application is opposed by the prosecution and submitted
that the grievous injury is inflected to the first informant by the
applicants­accused and absconded till this date and his presence is
required for custodial interrogation.
4.

Heard learned counsel Shri. Mangesh Navale for applicant­
accused and submitted that the applicant­accused is falsely implicated
in present case. Counter FIR is also registered against the other side
vide its CR No. 131/2022 arising out of the same incident. He further
submitted that the applicant­accused is local resident and attend the
..2..

police station as and when required and hence prayed to grant
anticipatory bail to the applicant­accused.
5.

The learned APP Shri. Suryavanshi objected the application
stating that injuries are grievous. Investigation is in progress and at this
stage it would not be proper to grant anticipatory bail to the applicant­
accused, hence, prayed to reject the same.
6.

Today, I.O. is absent. On perusal of the entire record it
appears that police have registered CR No.127/2022 and 131/2022 in
connection with the incident of assault occurred on 7.6.2022. The first
informant in present case by name Ramdas Bhaskar Gavhane sustained
grievous injury. He is admitted in the Apollo Hospital, Nashik. His right
hand shoulder is dislocated. The applicant­accused used iron rod,
fighter and stick in commission of the crime. The weapons used in the
commission of the crime are to be seized from the applicant­accused,
therefore, custodial interrogation of applicant­accused is required.
Therefore, application is devoid of merit. Hence, following order is
passed.
ORDER
1)
Anticipatory Bail Application No.757/2022 is hereby rejected.

2)
Inform the concerned police station accordingly.

SHINDE
MADHAV
A
Date­12.07.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.12
17:56:39 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.