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Cri. Bail Application No. 934 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 934 OF 2022
{Kaluram @ Kailas Gangaram Meena and another vs. The State of
Maharashtra through Upnagar Police Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicants-accused in crime
No. 187 of 2022 registered with Upnagar Police Station for the offence
punishable under section 302 read with 34 of the I. P. C.
02]
The applicant contended that they are permanent resident
of the address mentioned in the application and have not committed any
offence Nothing is seized from them. They have no criminal antecedent
and will not abscond. No offence is pending against them. They are
ready to abide any conditions imposed by the Court. Hence, they have
prayed for grant of bail.
03]
learned APP has filed say at Ex. 04 and I. O. has also filed
say at Ex. 05. They have stated that the offence is of serious nature. The
accused nos. 1 and 2 caught hold the brother of the complainant namely
Irfan Shaikh and then, accused no. 1 slit the throat of the Irfan Shaikh
and caused grievous injury to him. He is admitted at Vasantrao Pawar
Medical College hospital and his wind pipe and food pipe got cut and
unable to speak and is given artificial oxygen and food. The said knife is
seized from accused no. 1. The wife of accused no. 1 is witness to the
incident. Yet, the statement of Irfan Shaikh is to be recorded and T. I.
Parade is to be done. Accused are resident of Rajasthan. Yet, the
investigation is going on. The health condition of Irfan Shaikh is critical
and serious offence may be converted into. If the accused is released on
bail, then, bad massage will be carried in the society and he will threat
the prosecution witnesses. Hence, they have prayed for rejection of bail.
04]
Heard the learned counsel for the accused and learned APP.

They have argued as per their stand taken.

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05]
I have gone through application, say, arguments,
documents and police papers. There is strong prima-facie case against
both the accused. Both the accused caught hold Irfan Shaikh and
accused no. 1 slit the throat of him and his wind pipe and food pipe
got cut and he is struggling with life and under treatment. Yet, his
statement is to be recorded. The intention of both the accused was to
kill Irfan Shaikh. There is eye witness to the incident. The offence is of
serious nature and may be converted into graver offence. The
investigation is still going on. It is not a fit case to grant bail to both
of them. Hence, the following order:
ORDER
Application is rejected.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.08.12
17:34:39
+0530
Date : 12.08.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.