(1.) This is an application seeking bail under Sec. 439 of the Criminal Procedure Code, 1973 in connection with C.R. No.134 of 2022 registered with Adgaon Police Station, Nashik for offences punishable under Ss. 307, 323, 504, 143, 147, 148, 149, 427 of the Indian Penal Code, 1860 and under Sec. 135 of the Maharashtra Police Act.
(2.) According to prosecution, on 30/5/2022 the informant after completing his agricultural work was on his way back to home in his car along with his friend Akash Gangurde. They stopped to have egg-roll from a shop opposite Jatra Hospital. Due to delay in serving the order, quarrel broke out between the informant and accused Nos.4 and 7 and his friends. Accused No.4, therefore, made a phone call to his friends. Around 8.45 p.m. the applicant along with six to seven unknown persons came at the spot of incident on their motorcycle. There was argument between the informant and the applicant and others which resulted in assault. According to prosecution, the applicant along with his companions who were armed with iron rods and wooden sticks assaulted the informant on his head and ear with an intention to take his life. The applicant and others assaulted the informant with stone. They took away gold chain and cash of Rs.20,000.00. The informant, therefore, lodged a report.
(3.) The applicant was arrested on 2/6/2022. Learned Sessions Judge by order dtd. 23/8/2022 rejected the application filed by the applicant under Sec. 439 of the Criminal Procedure Code, 1973 on the possibility of applicant threatening the witness as they are residents of same vicinity.