Misc.Cri.Appln. No. 3088/2020. ­ 1 ­ Ankit..Vs..State (Or.below Exh.1).

MHNG010085352020 MISC.CRI.APPLICATION NO.3088/2020

Ankit S/o Ashok Gondane
..Versus...
State of Maharashtra through Police
Station Officer, P.S.Yashodharanagar.

ORDER BELOW EXHIBIT 1

( Passed on 05­12­2020)

1­ Applicant has moved this application under Section 439 of

Cr.P.C. for grant of regular bail in connection with Crime No.826/2020
registered with police station Yashodharanagar, Nagpur, for committing
the offence punishable under Sections 395, 397 of the Indian penal
Code, section 4/25 of Arms Act and section 135 of Maharashtra Police
Act.
2­ It appears that upon the report dated 6­11­2020 of
informant­Rushikesh Ganorkar, the above said crime is registered. As per
prosecution story, the informant is working in Suryodaya Small Finance
Bank, Nagpur Branch, Nagpur. On 6.11.2020 after collecting the
instalments amount from the customers of the Bank, the informant was
proceeding towards his Bank for depositing the said amount. At about
12.15 p.m., when he reached near Kamptee Naka No.2, four unknown
persons restrained the informant. Thereafter, one person out of them
caught hold him and other three persons assaulted the informant by
means of knife. Thereafter, those persons snatched his sack containing
one Tab of Sumsung company amounting to Rs.20,000/­ and cash
amount of Rs.78,723/­. It is further alleged that the money purse of the
informant having Rs.400/­therein, is also snatched by those persons.
Thereafter, those persons fled away.
3­ The applicant contended that he is innocent, has not
committed offence and he is falsely implicated in this crime. He was not
present at the spot at the time of occurrence of alleged crime. His name
are not figured in the FIR. He has faced custodial interrogation and
 Misc.Cri.Appln. No. 3088/2020. ­ 2 ­ Ankit..Vs..State (Or.below Exh.1).

nothing is seized from him. The investigation is almost completed. He is

ready to abide the conditions imposed upon him while granting the bail.
Hence, prayed for grant of regular bail.
4­ The State through learned APP resisted the application by
filing say at Exh­4 whereby submitted that the offence is serious. Prima
facie case is made out against the applicant. The investigation is in
progress. Therefore, if the applicant is released, possibility of tampering
the prosecution witnesses, can not be ruled out. Hence, prayed for
rejection of the bail application.
5­ Heard the learned Advocate Shri A.G.Hunge for the
applicants and learned APP Mrs. Shaikh for the State. Perused the case
diary. Admittedly, initially the crime came to be registered against the
unknown persons. So also, it is not disputed that the applicant faced
custodial interrogation and he is in judicial custody. Police papers
further shows that the only allegations against the applicant is that,
during investigation, on 9­11­2020 the disclosure statement of co­
accused Avesh Pathan was recorded wherein he stated that the applicant
has made the phone calls to him and gave information that the
informant was carrying the amount. Further, it appears that during
custodial interrogation, nothing is seized from the applicant. There is no
criminal antecedents against the applicant. Therefore, in the
circumstances, at this juncture, I am of the opinion that the applicant
deserves to be enlarged on bail. The apprehension of learned APP and
I.O. can be safeguard by imposing the conditions. Hence, the following
order.

ORDER
1­ Application is allowed.
2­ Applicant Ankit Ashok Gondane be
released on executing P.R.bond of Rs.15,000/­
with solvent surety in the like amount.
Misc.Cri.Appln. No. 3088/2020. ­ 3 ­ Ankit..Vs..State (Or.below Exh.1).

3­ Applicant shall not tamper the

prosecution evidence in any manner.
4­ The applicant shall attend the concern
police station on every Tuesday during 10.00
a.m. to 12.00 noon till next month from today
or till filing of chargesheet, whichever his
earlier.
5­ Bail before the Remand Court.
6­ Inform the concern Court and police
station, accordingly.

( Amol D. Harne )
Date : 05­12­2020. Additional Sessions Judge­6,
Nagpur.