Criminal Bail Application No.1704/2020 CNR No. MHNS0010046672020
[Yuvraj Vishwanath Ramraje etc.4V s. State]
Order below Exh.1.
The applicants have preferred this regular bail application in connection with CR.No.I324/2020 registered with Sinnar police station for the offence punishable under Sec.329, 326, 323, 143, 147, 504, 506 of IPC, on the basis of FIR lodged by Rohan Rajaram Ramraje contending therein that on 27.10.2020 at about 5.30 p.m., the accused persons abused, assaulted him by wooden log on his hands and legs. The accused persons also snatched three golden finger rings, cash amount of Rs.20,000/ and Oppo company mobile and threatened him.
2.Bail application is filed on the ground that the applicants are innocent and have been falsely implicated in the case. That they are arrested on suspicion basis. They are permanent resident of Brahmanwade, Tal.Sinnar. There are no criminal antecedents against applicants. They never harassed informant. They were not present on the spot. False FIR is lodged. Nothing is to be recovered or discovered at the instance of applicants. Applicant Sushant @ Shahrukh has undergone operation. Original informant and applicants have compromised the matter on 24.8.2009 and document is executed to that effect. That on 3.9.2020, mother of applicants Hirabai Vishwanath Ramraje has lodged FIR bearing CR No.541/2020 with MIDC police station against informant under Sec.504, 506 of IPC. As well as on 27.10.2020, Shital Dhanraj Ramraje has lodged FIR bearing CR No.655/2020 with MIDC police station under Sec.504,506 of IPC against informant. The informant sustained injury in an accident occurred on 27.10.2020. They are ready to abide by all terms and conditions if any imposed by the Court. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Smt.Sangle and filed say resisting for grant of application on the grounds that offence is serious one. Applicants and informant are residing in the same vicinity and well known to each other.
Previously, there was dispute between them in respect of land.
Accused assaulted the informant and he suffered injuries. Accused snatched three golden finger rings from the finger of informant, cash amount of Rs.20,000/ and Oppo company mobile which are to be recovered. On these main grounds and others have prayed for bail.
4.Heard Ld. Advocate Gangavane for applicant. Perused bail application. Heard Ld. APP Smt.Sangle. Perused police papers and say filed by Sinnar police station.
6.On perusal of FIR as well as case papers, it is apparent that both the informant and applicants are known to each other.
The FIR specifically states that on 27.10.2020 at about 5.30 p.m., the accused persons abused, assaulted informant by wooden log on his hands and legs. Yuvraj Ramraje after assault, snatched mobile.
Navnath Ramraje has assaulted the informant and Sushant @ Shahrukh Ramraje has snatched the three golden rings. The allegations in the FIR are specific and are not vague. The informant was subjected to medical examination and there are injury marks on his body. The injury certificate discloses one displace fracture whereas the other injuries are abrasions.
7.The accused Nos.1, 3 and 4 were arrested on 28.11.2020 whereas accused No.2 was arrested on 23.11.2020 and they were subjected to PCR for a period of 3 days respectively. The report of the police does not disclose any seizure be it wooden logs, gold rings, mobile or cash from the accused persons. Except for assault, there is no corroboration to the allegations about causing robbery of things and articles belonging to the informant. The informant is already discharged from the hospital. Record shows that there is previous enmity between informant and accused. Whether the contents of FIR are exaggerated or not can be seen at the time of trial. The applicants are permanent residents of Nashik. There are no criminal antecedents against them. They will be available for trial. Hence, discretion can be exercised in favour of the applicants on certain terms and conditions. Hence, I proceed to pass following order :
O R D E R
(1). Application is allowed.
(2).The applicants No.1Yuvraj Vishwanath Ramraje, No.2 Bhimraj Vishwanath Ramraje, No.3Navnath Vishwanath Ramraje and No.4Sushant @ Shahrukh Vishwanath Ramraje be released on bail in Cr.No.324/2020 of M.I.D.C. Police Station, Sinnar for offences punishable under Sections 329, 326, 323, 143, 147, 504 and 506 of I.P.C., on furnishing a PR and SB of Rs. 25,000/ each with one or more solvent surety of like amount on following conditions.
(a). They shall attend concerned Police Station on every Monday between 10.00 a.m. to 1.00 p.m. till filing of charge sheet.
(b). They should furnish two documents about their identity proof and two documents in respect of identity proof of their relatives.
(c). They 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 them from disclosing such facts to the Court or to any police officer.
(d). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court.
Vardhan Digitally signed by Vardhan Prataprao Prataprao Desai Desai Date: 2020.12.15 15:37:25 +0530
Nashik. ( V. P. Desai) Date : 10/12/2020 Additional Sessions Judge, Nashik.