Cri. Bail Appl. No.447 of 2022 (Or Exh.1) 1
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)

Criminal Bail Application. No.447 of 2022 CNR No.MHNS010016392022

Vishal Vijay Chafalkar
Age : 21 years, Occ : Labour
R/o : Pendharkar Colony,
Sane Guruji Nagar, Jail Road,
Nashik Road, Tal. & Dist. Nashik. … Applicant/accused.

V/S

State of Maharashtra Through Upnagar Police Station. (C.R. No.I­278/2021) … Respondent.

Appearance :
Ld. Adv. Shri. Gulam Mustafa H. Shaikh for Applicant.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent.

ORDER BELOW EXH. N0.1
(Delivered on 11th April, 2022)

1.Read the application and say filed by the respondent vide Exh.4. Heard Ld. Advocate for the applicant and Ld. A.P.P. for the State.

2. Crime stood registered bearing C.R. No.I­ 278/2021 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 323, 504 & 506 r/w 34 of the Indian
Penal Code against the applicant and other two accused persons, for an allegations that the accused persons assaulted the said injured Rahul Chafalkar by means of sickle on his stomach.

3. It is argued by Ld. Advocate for applicant that there was Haldi programme and in that programme the said Rahul was dancing and there was a dispute as regards the fact that he was pushed while he
was dancing and therefore the allegations is that while said injured was walking at Jogging Track at Shikharewadi ground, the applicant assaulted him by means of iron sickle on his stomach and caused
grievous injury. It is the case of the applicant that they have also filed a counter case against the applicant and his relatives. The applicant is falsely implicated in this Crime. The sickle is seized. Investigation is completed and Charge­sheet is filed in the Ld. J.M.F.C. Court. The applicant will abide by the terms and conditions. Therefore, prayed to allow the application.

4.On the other hand, Ld. A.P.P. for the State submits that alleged offences are serious in nature. There is an involvement of applicant in the Crime. The articles came to be seized under the panchanama under Section 27 of Indian Evidence Act. The absconding accused persons are yet to be arrested. The applicant and the injured are resident of same area. The applicant may threaten and pressurize
the complainant and the witnesses. Therefore, prayed to reject the application.

5. Upon hearing and going through the material placed on record, what can be gathered is that, in a Haldi programme of marriage the injured Rahul was dancing and got pushed and therefore it seems that some dispute arose. Later on it was converted into alleged incident, wherein it is alleged that the applicant assaulted injured Rahul by means of iron sickle on his stomach and thereby caused grievous injury. The applicant has refuted the allegations. However, the fact is that the victim sustained injured on his stomach, which is vital part of body. He is discharged from the hospital. Charge­sheet is filed in the Ld. J.M.F.C., Court. Therefore, there is change in circumstances and the application in hand is maintainable. Upon considering the submissions of both Ld. Advocates, this Court finds that by imposing certain conditions, which will take care of the apprehension of the respondent, the applicant can be admitted to bail. In the result, the following order.

ORDER

1.Criminal Bail Application No.447 of 2022 is allowed.

2.Applicant Vishal Vijay Chafalkar be released on bail in connection with C.R. No. C.R. No.I­278/2021 registered with the respondent Upnagar Police Station for an offence punishable under Sections
307, 323, 504 & 506 r/w 34 of the Indian Penal Code on his executing a personal bond of Rs.25,000/­ with one or more solvent sureties to the satisfaction of the concerned Ld. J.M.F.C.

3.Applicant not threaten and pressurize the complainant and the witnesses.

4.Applicant not to commit similar offence in future.

5.Bail before Ld. J.M.F.C., Court, Nashik­Road, Nashik.

MUSHTAQUE HUSSAIN SHAIKH Place : Nashik. Date : 11/04/2022 Digitally signed by MUSHTAQUE
HUSSAIN SHAIKH Date: 2022.04.11 17:30:17 +0530 (M. H. Shaikh) Additional Sessions Judge, Nashik.