IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT NASHIK
ANTICIPATORY BAIL APPLICATION NO.1057 OF 2022

Walmik Jagannath Wagh, age-49 yrs.
Nikesh Walmik Wagh, age – 19 yrs.
Both r/o. N-41, CD-10-08, Forth
Scheme, CIDCO, Nashik. ] .. Applicants/accused

V/s.

The State of Maharashtra ]
Through– P.I. Deola Police Station, ]
Tal.Deola, Dist.Nashik.
] .. Respondent/prosecution

ORDER BELOW EXH.1

This is an application under Section 438 of Cr.P.C. for offence punishable under Section 328, 120(B), 504, 506 of the IPC registered at Deola Police Station in C.R.No.101/2022.

2.The facts of the prosecution case in short as follows :Complainant and accused are known to each other. It is alleged that accused no.1 have borrowed Rs.5 lacs hand loan for his daughter from the informant in 2015. Out of Rs.5 lacs Rs.1 lac has been paid by accused no.1 to the informant on 4.10.2021. Accused no.3 called informant at Meshi Fata through telephonic message. When he reached there accused no.1 to 3 were present there. The alteration took place. They fall down the informant, abused him, threatened him and forcibly poured alcohol by mixing poison. The other person informed to the police and he was admitted. As the offence was not registered, informant lodged private complaint at magisterial court with M.A.No.13/22. The Ld. JMFC Kalwan was pleased to issue direction for investigation under Section-156(3) of the Cr.P.C. and thereafter the FIR lodged by the Deola P.S. under the aforesaid sections.

3.The facts of the applicants case is as follows They are falsely implicated in the case. There is one month delay in lodging complaint. After taking treatment allegedly for the period 14.10.2021 to 19.10.2021 then complaint lodged on 13.11.2021. Therefore, it is afterthought complaint. There is no medico legal report in this case despite of serious allegations of poisoning. Applicant’s wife Suvarna Wagh already lodged N.C. complaint No.780/2021 on 07.10.2021. The accused no.1/applicant had borrowed Rs.1 lac from the informant and it was paid in presence of witnesses alongwith the interest. Informant is a habitual drinker and assaulted applicant and his family members in drunken position. Applicants have evidence that the informant abused in filthy language on their mobile no.7875134396,
9075880433. Applicant no.2 is a college going student. Due to the harassment by the informant applicant no.1 has changed his residence and staying at Nashik only.

4.I have heard Ld. Adv.Shri.Vivek Nehe and Ld. APP Shri.Kadave at considerable length. I have heard I.O. API Shirsath of Deola Police Station. Perused whatsapp chat between Applicant No.1 and informant.
Perused applicant and say of concerned police station. Offence u/s. 328 of the IPC is causing hurt by means of poison, etc. with intend to commit an offence. It provides punishment which may extend to 10
years. It reveals from the perusal of the record filed alongwith the application that there are previous complaints between the applicant and informant. There is substance in the submission of the applicant
that there is delay in lodging the complaint and medico-legal certificate is not filed on record about administrating poison to informant. There is no criminal antecedents of both accused. Applicant no.2 is a college going student. Interrogation can be done by securing attendance of both applicants. Jail is exception and bail is rule. Hence, order

ORDER

1. Anticipatory Bail Application No.1057/2022 is allowed.

2.The applicant/accused no.1 Walmik Jagannath Wagh and applicant/accused no.2 Nikesh Walmik
Wagh shall be released on bail, in the event of their arrest by Deola Police Station in CR No.101 of 2022
registered for the offence punishable under Section 328, 120(B), 504, 506 of the Indian Penal Code on
executing PR Bond of Rs.25,000/- each with one or two solvent surety of like amount on the following
conditions:

a)That the applicants/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 them from disclosing such facts to the Court or to the police officer.

b) The applicants shall not leave India without the previous permission of the Court.

c) The applicants shall attend Deola Police Station on every First and Third Monday in between 11.00
a.m. to 2.00 p.m. till filing of charge-sheet.

3. Concerned Police station be informed accordingly.

4.The prayer for release on provisional cash bail in like amount is allowed with eight weeks time to
furnish the surety.

5. Criminal Pre-arrest Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.06 15:04:42 +0530 Nashik. Date : 05.09.2022 (Dr. U.J. More) Additional Sessions Judge Nashik.