CNR
MHNS010031182022
Order below Exh.1 in Cri. Bail Application No.775/2022.
[ Siddharth Pandurang Bhor Vs. State ]
This bail application is moved by the applicantaccused
Siddharth Pandurang Bhor for releasing him on bail under section
439 of Cr.P.C., in connection with CR No.72/2022 registered with
Ghoti Police Station, Tal. Igatpuri for the offence U/sec. 307, 323,
504, 427 of Indian Penal Code, registered on 7.6.2022. Applicant
accused was arrested on 7.6.2022 and produced before the Court and
remanded to Police custody till 9.6.2022 and thereafter remanded to
Magisterial custody and since then he is in jail.
2.
The alleged incident took place on 6.6.2022 when quarrel
took place between applicantaccused and Arif Mohammad Pansare,
who is first informant in the present case and sustained bleeding
injury to his stomach by the alleged assault by knife at the hands of
applicantaccused. The applicantaccused is local resident and has
permanent residence at Ghoti, Tal. Igatpuri, these and other grounds
set out in the application, he prayed to grant bail.
3.
I.O. was present on previous date with documents of the
crime, however, learned counsel is absent when called repeatedly.
Today matter is came up for hearing. Heard, both the parties.
4.
The learned counsel Shri. A.I. Deshmukh has submitted
that injured is discharged from the hospital. There is no reason to
keep the applicantaccused behind the bar. The antecedents of the
applicantaccused are clean. The alleged weapon used in the crime is
already seized and therefore, no purpose will be served by keeping
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him behind the bar. Applicantaccused is ready to abide all the
conditions laid down by this Court and hence, prayed that
applicantaccused may be released on bail.
5.
On the other hand, learned APP submitted that the
applicantaccused has assaulted by knife and caused multiple
injuries on chick and as well as on the stomach of the first
informant and thereby sustained bleeding injuries. The injured was
operated in the hospital for his injuries and he just released from
the hospital and is taking rest in the house. There is apprehension
in the mind of the first informant and the investigation is in
progress and therefore, he submitted that at this juncture, it would
not be proper to released the applicantaccused on bail, because
the applicantaccused may pressurized the first informant and
other witnesses as both are residing in same village.
6.
I.O. in the report submitted that due to the said
incident communal harmony in the Ghoti village is also disturbed
and the law and order situation is grave. Thus, considering the
entire documents placed before me it appears that incident is
occurred on 6.6.2022 and the first informant has sustained serious
bleeding injuries on his stomach and as stated in the report that
communal harmony in Ghoti village is disturbed due to the said
incident.
Therefore, considering all these situation and the
investigation officer is required to be given sufficient opportunity
to investigate the crime and hence, I am not inclined to allow the
present bail application as there is prima facie case against the
applicantaccused. Accordingly, following order is passed.
Cri. Bail Application No.775/2022 .
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ORDER
1)
Bail application No.775/2022 is hereby rejected.
2)
Inform concerned police station.
SHINDE
MADHAV A
Date 27.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.27
18:12:43 +0530
( M. A. Shinde )
Additional Sessions Judge9,
Nashik.