CNR No. MHNS010017672022
Order below Exh. 1 in, Cri. Bail Application No. 470/2022
(Imran Salim Kureshi @ Goswala(accused 6) Vs. State )
This is second application for bail u/s. 439 of the Cr.P.C. in C. R. No.58 of 2022 registered with Bhadrakali Police Station, Nashik u/ss. 307, 143, 147, 148, 149,504,506 of The Indian Penal Code(IPC)
and u/s.135 of The Bombay Police Act.
2.The learned counsel Mr.R.J. Kasliwal for the applicant submits that, he is innocent person and has been falsely implicated. Applicant is ready to abide by any of the terms and conditions to be imposed by this Court. Section 307 is not attracted in this case. Custodial interrogation is not required. He did not participated in the commission of alleged offence. He was merely present on the spot. He has no previous criminal antecedent. He has got fixed and permanent place of residence at Nashik
and undertakes to cooperative investigation. His wife is in nine months advanced stage of pregnancy.
As per footage shown in his mobile,according to him this accused was only standing there at the time of offence and he did not play any active role. Upon his request, pendrive was referred to I.O. in response to which, he filed say (Exh.9) stating therein that, applicant is seen present on the spot but due to dark, the faces of persons present over there, beating the informant is not clearly seen. But, applicant is seen amongst other accused beating the informant and at his instance, weapon has
been recovered.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say filed by Investigating officer (I.O.) (Exh.4 and 9) and strongly objected this application. I.O. is present alongwith case dairy and papers of investigation.
4. Perused record. Prosecution’s case is that, accused 1 Samir on pretext of demanding money concerning election called informant on phone near Nanavali Masjid with intention to kill him. Applicant
inflicted blows with wooden log, abused and attempted to kill him. Thought, Mr. Kasliwal submits that, accused was only present at the time of offence on the spot but he did not have any active role. However, prosecution witnesses state about direct involvement of the accused in the crime. Weapon used in the offence is allegedly recovered at his instance. Offence is serious in nature and it is
punishable with life imprisonment. Investigation is incomplete.
This pplicant has previously filed one Cri. Bail application bearing No. 452 of 2022 for bail which was rejected on 08.04.2022 by this Court. The Hon’ble Bombay High Court in Anticipatory Bail Application No. 905 of 2022, by passing order on 04.04.2022 granted anticipatory bail to one of the accused Shadab @ Saddu Shakil Shaikh, in this C.R. However, role of accused is entirely different. This cannot be construed as change in the circumstances. Hence, this order granting interim protection is not at all helpful to the applicant. I have no reason to doubt the investigation at this stage on the basis of footage submitted by the applicant. Considering the seriousness of offence,even ground of pregnancy of wife of the applicant cannot be considered. There is every likelihood that applicant may hamper or tamper prosecution witness or evidence. Consequently, I am not inclined to exercise my discretion in
favour of the applicant. Hence, the order.
ORDER
This application stands rejected.
Date : 19.04.2022.
( S.T. Tripathi) Additional Sessions Judge 7, Nashik.