..1.. Cri.B.A.No.1054/2022

Order below Exh.01 in Cri.B.A.No.1054/2022
CNR No.MHNS010045532022

(Sandip Motiram Thakur etc.2 vs. State)

The applicants have preferred this application for anticipatory bail praying therein that they may be released on bail in the event of arrest in connection with CR.No.I­255/2022 registered with Nashik Road police station for the offence punishable under Sec.325, 452, 447, 323, 504, 506, 143, 147, 149
of IPC, on the basis of FIR lodged by Manohar Popatrao Gite.

2. Bail application is filed on the ground that the applicants are innocent and have been falsely implicated in the case. That since last 10 years, civil dispute is going on between informant and
applicants. That the applicants who are builders have paid amount of Rs.4,09,00,000/­ to the informant and other persons as consideration of the property at survey No.247/1 and 294 Hissa No.2 and for that purpose, registered document with the caption “ककयम फररक खररददखत” was entered into between the parties. False FIR is lodged to grab money from applicants. There is delay in lodging FIR. There are no criminal antecedents against applicants. They are ready to abide by all terms and conditions imposed by the court. They will co­operate with investigation machinery. They are permanent resident of Nashik. They will not pressurize witnesses. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that the offence is serious one. The accused are absconded. There is a possibility of commission of same type of offences. The injured is still taking treatment in the hospital. The accused will pressurize informant and witnesses. The vehicle used in commission of offence is to be seized. Statement of witnesses are to be recorded. On these main grounds and others have prayed for rejection of the bail application.

4.Heard Ld. Advocate Mr.A.D.Avhad for applicants. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Indira Nagar police station.

5.On perusal of FIR as well as case papers, it is mentioned therein that there is civil dispute going on between informant and builders Amarsing Patil, Vinod Gangurde. It is further contended that on 23.8.2022 at 5.00 a.m., their door was knocked. Unknown 7­8 persons entered the house. The things, article and belongings in the house were thrown out. The informant and his nephew resisted. Accused Vinod Gangurde gave fist blow on his face because of which blood came out, two teeth fell down. His other relatives were assaulted. The accused persons came with JCB and they demolished the house.

6.Firstly, on perusal of the case papers, the injuries suffered by Dhiraj Gite and Manohar Gite, they are simple in nature. The injury at Sr.No.3 suffered to Manohar is referred to ENT. Today 10 days have passed. The report is not submitted. Secondly, the documents more particularly sale­deed dated 2.11.2012 discloses that possession is with Shri.Buildcon and Associates. So also, in the Judgement and Decree dated 10.8.2022 passed by the Civil Judge Junior Division in Civil Suit No.48/2020 it is categorically observed that the possession is with the Shri. Buildcon and Associates. Even, the possession receipt [Exh.34] is in favour of Shri. Buildcon and Associates and ultimately, the suit filed by the informant is dismissed.

7.After perusal of say filed by Investigating Officer, the JCB is seized. Nothing is to be recovered or discovered at the instance of the applicants. Considering above discussion, by imposing certain terms and conditions, discretion in favour of the applicants can be exercised. Hence, following order is passed :
ORDER

(1). Application is allowed.

(2). In the event of arrest of the applicants Sandip Motiram Thakur, Amarsingh Bharatsingh Patil and Vinod Wilson Gangurde in connection with CR.No.I­255/2022 registered with Nashik Road police station for the offence punishable under Sec.325, 452, 447, 323, 504, 506, 143, 147, 149 of IPC, on the basis of FIR lodged by Manohar Popatrao Gite, the above named applicants be released on bail, on furnishing a PR and SB of Rs. 15,000/­ ( Rupees Fifteen Thousand only)each, with one surety of like amount on following conditions.

(a). They shall attend concern Police Station on every Monday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.

(b). 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.

(c). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

VARDHAN PRATAPRAO DESAI Nashik. Date : 03.09.2022 Digitally signed by VARDHAN PRATAPRAO DESAI Date: 2022.09.03 17:17:25 +0530 ( V. P. Desai) Additional Sessions Judge, Nashik.