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Cri.B.A.No.1022/2022
Order below Exh.01 in Cri.B.A.No.1022/2022
CNR No.MHNS010043902022
(Machhindra Hiraman Adake vs. State)
The
applicant
has preferred this
application
for
anticipatory bail praying therein that he may be released on bail in
the event of arrest in connection with CR.No.I­87/2022 registered
with Deolali Camp police station for the offence punishable under
Sec.406, 420, 504, 506 r/w 34 of IPC, on the basis of FIR lodged by
Sandip Madhavrao Bendre, in view of directions given by the
Ld.JMFC under the provisions of Sec.156(3) of Cr.P.C.
2.

Bail application is filed on the ground that the applicant
is innocent and has been falsely implicated in the case. That the
applicant has not cheated anyone. False offence is registered against
him. Offence is based on documentary evidence and hence, there is
no need of custodial interrogation. That no criminal over act. There
are no criminal antecedents against him. The applicant is reputed
person in the society. He is permanent resident of Nanegaon, Tal.,
Dist. Nashik. He is ready to abide by all terms and conditions if any
imposed by the court. He will not tamper with prosecution evidence
nor pressurize the witnesses. He is the only bread earning member
in the family. On these main grounds and others have prayed for
bail.

3.

Notice was issued to State. State appeared through Ld.

APP Mr. Kotwal and filed say resisting for grant of application on
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Cri.B.A.No.1022/2022
the grounds that statements of witnesses are to be recorded. There
is possibility of pressurizing witnesses. He will not co­operate in the
investigation. On these main grounds and others have prayed for
rejection of the bail application.

4.

Heard Ld. Advocate Mr.V.M.Ghugare for applicant.

Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police
papers and say filed by Deolali Camp police station.

5.

On perusal of FIR as well as case papers, it is apparent
that there was transaction between the informant and son of
applicant dated 22.10.2016 whereby the informant tendered Rs.10
lacs for a period till 22.10.2017, if the amount is not paid, the
applicant was required to enter into sale­deed for additional
consideration of Rs.26,48,981/­. The FIR further states that son of
applicant informed informant that he is unable to comply with the
terms of the agreement and again assured to enter into sale­deed.
The informant further paid amount of Rs.2 lacs by cash. Again
notarized agreement dated 2.11.2017 was entered into between the
complainant and informant and the time span of agreement was
extended. However, subsequently son of applicant denied to enter
into sale­deed.
6.

From the bare perusal of the complaint/FIR, it can be
gathered that finance was provided to the son of applicant­accused
on certain terms and conditions, more particularly, to state that he
will return the amount within specific period. The present applicant
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Cri.B.A.No.1022/2022
is signatory to that agreement. Applicant’s son was unable to fulfill
terms and conditions and accordingly, time span was extended.
Whether it is entirely civil transaction, cannot be commented or
concluded at this stage. It is settled principle that police machinery
cannot be utilized for recovery of any amount. The documents i.e.
agreements entered into between informant and the son of
applicant are with the complainant. From the report of the police, it
can be gathered that nothing is to be recovered or discovered at the
instance of the applicant. Considering facts and circumstances of the
case, on certain terms and conditions, the discretion can be
exercised in favour of the applicant. Hence, I proceed to pass
following order :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant Hiraman Dashrath
Adake in connection with CR.No.I­87/2022 registered with
Deolali Camp police station for the offence punishable under
Sec.406, 420, 504, 506 r/w 34 of IPC, on the basis of FIR
lodged by Sandip Madhavrao Bendre, the above named
applicant be released on bail, on furnishing a PR and SB of
Rs.15,000/­ ( Rupees Fifteen Thousand only), with one surety
of like amount on following conditions.
(a). He shall attend concern Police Station on every Monday
between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). He shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
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Cri.B.A.No.1022/2022
the case, so as to dissuade them from disclosing such facts to
the Court or to any police officer.
(c).

Violation of any of the above mentioned condition, would
result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN
PRATAPRAO
DESAI
Nashik.
Date : 02.09.2022
Digitally signed by
VARDHAN
PRATAPRAO DESAI
Date: 2022.09.03
15:10:26 +0530
( V. P. Desai)
Additional Sessions Judge,
Nashik.