IN THE COURT OF HON’BLE SESSIONS JUDGE AT LATUR

Regular Bail Application No. /2020

Balaji S/o. Motiram Maske

Age-38 years, Occu- Auto Driver,
R/o. Babhalgao Tq. & Dist. Latur.
…Applicant/Accused.

Versus

The State of Maharashtra,

Through,
P.I. Gramin Police Station, Latur.
Tq. & District Latur.

…Respondent.

Offence :- U/S. 307, 452,143,144,147,

148,149,324,323,504,506 of I.P.C and

S.25 (1-b) (b) of Arm Act.

Crime No. :- 196/2020

Date of Offence :- 05/11/2020.

Date of F.I.R. :- 06/11/2020 At or about 03.32.

Police Station :- Gramin Police Station, Latur.

Date of Arrest :- 17/12/2020.

Date of M.C.R. :- 19/12/2020.

Application for Regular Bail U/S. 439 r. w. 437 of CR.P.C.

MAY IT PELASE YOUR HONOUR

The above named Applicant most respectfully submits his bail

Application as follows –

Police Case :-

1. That on 06/11/2020 one Shrikant S/o. Ramakant Sagar hailing

from village Babhalgaon, Tq, Latur lodged complaint with the
Gramin Police Station, Latur with the allegations that on
05/11/2020 at or about 7.00 p.m. applicant and other accused
entered in the house of complainant with wooden sticks and
assaulted him and his wife. Further it is alleged in F.I.R. that one of
the co-accused came with the sword with intend to commit murder
of complainant and gave a blow of sword on the neck of
complainant, complainant save himself from said blow.

2. That on the receipt of such information the Gramin Police

Station authority registered crime No.196/2020 dated 06.11.2020
against the applicant and other accused U/s. 307,
143,144,147,148,149,324,323,504,506 of I.P.C and U/s. 25 of
Arms Act.

3. Thereafter, on 17/12/2020 the I.O. of said crime arrested the

accused and produced the Applicant before J.M.F.C Latur with
P.C.R. and J.M.F.C Latur granted P.C.R. till 19/12/2020.
Thereafter on 19/12/2020 the I.O of the concerned crime produced
the Applicant before J.M.F.C Latur with the request of M.C.R. and
till date present Applicant is in M.C.R.

4. Previously no such bail application was ever presented either

before this Hon’ble Court or before Hon’ble High Court.

Grounds for Bail :-

1. That, there is unexplained delay of 20 hours to lodge the

report against the applicant, it means that complainant after
thought by clubbing the hands with the police machinery falsely
booked the applicant in this false crime. The Applicant has not
committed any offence as alleged by the complainant and he is
innocent, will prove his innocence at the end of trial.

2. That, the I.O. of said crime arrested the applicant on

17/12/2020 and produced before J.M.F.C Latur with P.C.R on
18/12/2020 and J.M.F.C Latur granted P.C.R. till 19/12/2020
and thereafter I.O. of said crime produced the Applicant before
J.M.F.C Latur on 19/12/2020 with the request of M.C.R. it means
that the I.O. of concern crime has completed entire custodial
investigation and interrogation with the present Applicant.
3. That, the I.O. of said crime near about completed entire
investigation i.e. drawn spot panchanama, recorded the statements
of witnesses, sized the alleged articles/weapons and now there is
nothing to recover for the custody of the present Applicant, hence
now there is no need to keep the present Applicant behind the bar
till the final disposal of said crime and if Applicant kept behind bar
till the final disposal of said crime then it will amounts to pretrial
punishment.

4. That as per the allegations in F.I.R the mob of 10 or more

accused with wooden sticks assaulted to the complainant and his
wife and if such was the situation it is highly impossible to see
specific role of each and every accused, but F.I.R depict that the
specific role of each and every accused has been alleged, that to
after 20 hours of alleged incident it means that the complainant
lodged report with legal advice and consultation with the police
machinery and falsely implicated the applicant in this crime.

5. That, the entire allegations alleged in F.I.R. are vague.

Complainant has lodged false report only with intend to harass the
Applicant and his family members.

6. That, the Applicant is auto driver and only the bread winner
of his family and if Applicant kept behind the bar till the end of trial
then entire family of the Applicant will suffer from starvation.

7. That, the Applicant undertake that he will co-operate

investigating authority during the further investigation of said
crime and he will not misuse the liberty granted by this Hon’ble
Court.

8. The Applicant will not hamper and tamper any prosecution

witnesses and its evidence.

9. That, the Applicant will abide any condition if imposed by this

Hon’ble Court.

10. That, the Applicant is ready to furnish solvent surety as per

the direction of this Hon’ble Court.
11. That this Hon’ble Court has granted regular bail to the other
accused in this crime, therefore present bail application of
applicant may kindly be consider on the ground of parity.

12. That, any grounds which are not specifically mentioned in

this bail petition will be argued at the time of final hearing with
prior permission of this Hon’ble Court.

HENCE IT IS PRAYED

That, the bail application of Applicant may kindly

be allowed and the Applicant may kindly be
released on bail in crime No.196/2020 Dt.
6/11/2020 registered with Gramin Police Station,
Latur, Tq. & Dist. Latur.

Date : 21/12/2020 Applicant

(Accused is in jail)

Through,

Advocate for Applicant.

 IN THE COURT OF HON’BLE SESSIONS JUDGE AT LATUR

Regular Bail Application No. /2020

Balaji S/o Motiram Maske. ….Applicant.

V/s.

State of Maharashtra …..Respondent.

Claim:-
List of Document
-----------------------------------------------------------------------------------
Sr. No. Particular Date Remark
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1. FIR 6/11/2020 xerox

2. P.C.R 18/12/2020 Original

3. M.C.R 19/12/2020 Original

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Total (3) Three Documents Enclosed herewith

Date: 21/12/2020
Through,

Mahesh A. Bamankar Applicant.

Advocate, Latur.