Cri. Bail Appln. No.479/22
IN THE COURT OF ADDL. SESSIONS JUDGE (COURT NO.11) NASHIK

Criminal Bail Application No.479 of 2022

Nana @ Aba Eknath Korde

Age 42 yrs., Occ: Sr. Assistant
R/o. Sisel Residence, Chevalenagar
Gondhalpada, Alibag, Tal. Alibaug
Dist. Raygardh …Applicant

V/s.

The State of Maharashtra Through Police Inspector, Dindori Police Station. (Cr. No.126/2022)
…Opponent

ORDER ON ANTICIPATORY BAIL APPLICATION.

1.The applicant/accused has filed this application for grant of anticipatory bail under section 438 of the Cr.P.C. in Crime No.126 of 2022 of Dindori Police Station for the offence punishable under
sections 326, 143, 147, 148, 149, 323, 504, 506 of I.P.C. 2.

The facts in brief of the case are as under:

The informant Popat Gadade has lodged report vide CR No. 126/2022 of Dindori Police station against the present applicant and 4 other accused. It is alleged that on 09/04/2022 at about 6.00 p.m. he
received phone from Sandip that his son­in­law and his step brother are quarreling. So he had been there to convince them. At that time he was accompanied with his elder son Sandip and Sahebrao. At about 7.30 p.m. they reached house of his daughter Vanita at Indore. When they were convincing step brother of Anil, being aggrieved by the same Gorakh Korde assaulted him with Axe on his head. Shantabai Korde has thrown chilly powder in their eyes and at that time Nana @ Baba Korde i.e. present applicant who was armed with sickle inflicted blow on right side of neck of Sahebrao. Whereas other accused also assaulted by Axe and sickle. Hence, he lodged the FIR against the present applicant and four other accused under Section 326, 143, 147, 148, 149, 323, 504, 506 of I.P.C.

3.The applicant has contended that he is not involved in the offence. There is previous longstanding dispute between the informant and their family. However, at the time of accident he was at Alibaug.
He is a government servant. He was not present at the time of the alleged incident. Per contra, the informant and others have assaulted his relatives and so they have lodged report against them vide Cr. No. 125/2022 on 09/04/2022. So only to give counter blast to the said case they have filed the present crime falsely against them.

4. The applicant has contended that he is falsely involved in this offence. Also Section 326 of IPC is not attracted. Moreover, he being a government servant, if he is arrested the same will affect his service. The FIR lodged by his relatives clearly shows that, he was not present at the time of alleged incident. So he has prayed that he be released on anticipatory bail and he is ready to abide by all the terms and conditions. He will also co­operate in the investigation and so he has sought for grant of anticipatory bail.

5.The Ld. APP and the I.O. have filed their reply vide Exh.5 and 6 and opposed the application. It is contended that investigation is at initial stage and the injured are yet taking treatment in the hospital.
Their medical certificate is yet to be obtained. The offence registered is serious in nature and if the applicant is released on bail he might abscond and pressurize the witnesses. His custodial interrogation is essential. So it is prayed that application be rejected.

6.Heard argument advanced by Ld. Adv. Mr.Nikam for the applicant and Ld. APP. Mrs. Patil for the respondent/State.

7.Ld. Adv. Mr. Nikam for applicant has argued that, the applicant is a public servant and at the time of alleged offence he was at Alibaug. The counter FIR lodged by the relatives of the applicant shows
that he was not present at the time of alleged incident. Moreover, considering the allegations in the FIR ingredients of Section 320 of IPC are not made out and so Section 326 of IPC is prima facie not attracted. He further argued that the other co­accused were arrested and are already released on bail. The custodial interrogation of applicant is not necessary and also no recovery is to be made from him. So he argued that the accused be released on anticipatory bail.

8.Per contra the Ld. APP Smt. Patil argued that, the injured witnesses are taking treatment in the hospital. Their medical certificate is not yet obtained and so it cannot be said that Section 326 of IPC is
not attracted. Whereas considering the allegations in the FIR and the weapons used in the offence, it can be gathered that serious offence is registered against the applicant. His custodial interrogation is essential. Recovery of weapon is yet to be made. So she argued that the application be rejected.

9.In views of submissions of both the Ld. Advocates and the documents on record it can be gathered that cross criminal complaints are lodged in respect of the incident dated 09/04/2022.

The FIR lodged against the present applicant and four other accused is vide CR No.126/2022 which is lodged by informant Popat Gadade. Whereas, the FIR lodged by Shravan Korde who is the relative of the present applicant is lodged vide CR No. 125/2022 against Sharad Korde and others.

10.In the FIR registered vide CR No. 126/2022, specific allegations are levelled against present applicant. It is alleged that on the relevant day and time he was armed with deadly weapon such as sickle and has assaulted Sahebrao by inflicting injury on his right side of neck. It has come on record from the say of the I.O. that the injured are taking treatment and their medical certificate is yet to be obtained. So in these circumstances, prima facie at this stage, the defence taken by the applicant cannot be considered that Section 326 of IPC is not attracted. Per contra considering the weapon alleged used in the offence and the part of the body where the injury is allegedly inflicted by the
present applicant, the defence of the applicant cannot be considered.

11.The applicant has taken plea of alibi. He has contended that at the time of incident he was at Alibaug and he is falsely involved in this offence. To substantiate his contentions he has relied on the FIR
lodged by his relatives vide CR No. 125/2022. However, if the FIR lodged by the relatives of the applicant vide CR No. 125/2022 has to be considered as per the contentions of the applicant, then without any
reason, the contents in the CR No.126/2022 lodged against him cannot be disbelieved at this initial stage.

12.The investigation is at initial stage. Moreover as per the allegations against this applicant in the FIR, at the relevant time he was allegedly armed with sickle. He has major role in the present crime. Considering the gravity of allegations and the role played by him i.e. causing hurt by sickle on vital part of the body i.e. on neck of Sahebrao, his custodial interrogation is essential.

13. In the FIR it is alleged that, accused Sachin Korde as well as the present applicant were armed with sickle. The say of I.O. shows that one out of the two sickles allegedly used in the offence are seized, but
his say is silent as to from whom the same is seized. So for the recovery of the weapon i.e. sickle which allegedly used by the applicant in the offence, his custodial interrogation is essential. Moreover, considering the gravity of the offence and the weapon allegedly used in the crime the custodial interrogation of the applicant is essential. So for the aforestated reasons I proceed to pass following order.

ORDER

Application for bail is rejected.

RADHIKA MADHUKAR SHINDE Date:­21/04/2022 Nashik. Digitally signed by RADHIKA MADHUKAR SHINDE Date: 2022.04.21 17:52:33 +0530 (Smt. R.M. Shinde) Additional Sessions Judge, (Court No.11) Nashik.