IN THE COURT OF HON’BLE SESSIONS JUDGE, VADGAON AT VADGAON

Cri. Bail Appl. No. /2023

1. Ajit Dattatray Kadam

Age – 32 years, Occ – Service …… Accused

R/a. Cooper Society, Sector No.28,

Block No. 21/8, Nigadi Pradhikaran,

Pimapari Chinchwad

Dist - Pune

Versus

State of Maharashtra ……. Complai nant/Opponent

First Application for Ad Interim

Anticipatory Bail u/s. 438 of Cr.P.C,1973

 Crime Register No:- 11/2023

 Police Station :- Dehu Road Police Station

 Offences Alleged :- Sections 452, 341, 392, 323, 141, 143, 144,
504,506 of Indian Penal Code, 1860.

 Date of Offence :- 17/1/2021

 Date of FIR :- 05/1/2023

It is humbly submitted on behalf of the Applicant that :

The Accused/ Applicant abovenamed most respectfully begs to submit as

under:

 That Complainant Mukhtarahmed Munna Khan lodge Complaint in

Dehuraod Police Station for the incident happened on 17/01/2021 and
the F.I.R. registered on 06/01/2023 in C.R. No. 11/2023 Offence
registered u/s 452, 341, 392, 323, 141, 143, 144, 504, 506 of IPC against
the accused persons.
  The acting on the said complaint Dehuroad Police, arrested Ashok
Dattatray Bhagwat, Sham Dattatray Bhagwat, Sangram Ashok Bhagwat on
06/01/2023 and they was produced before the Hon’ble court who was
pleased to remand Accused to PCR till 09/01/2023 during which nothing
was recovered and so M.C.R. report submitted in the Hon’ble court and in
accordance to the M.C.R. report submitted, above Accused put regular bail
in Hon’ble court and granted bail on dated /01/2023.

 Story of the Prosecution :

a) It is the case of Prosecution that, on 17/01/2021 while the informant got

out for the medicine of his mother, between 1/30 person named 1) Gaural
Gole 2) Sumit Sharma 3) Rohit Gaikwad 4)Ajit Kadam 5) Raju Pathan
6)Anum Avinash More 7) Ashok Dattatray Bhagwat 8) Sham Bhagwat 9)
Nandu Bhagwat 10) Sangram Bhagwat 11) Kartik Nandu Bhagwat with
four unknown women’s and unknown person came to his house and with
the intention of taking possession of his property abused him and his
family and threatened to take life, as well as with the force infringement
his house and destroyed the property and beat his wife and daughter and
took the gold chain of 36 grams from her wife’s neck. Hence the present
crime was registered on 05/01/2023 that after the complaint of two
years of period.
 That the applicant/ accused prays this Hon’ble court to release the
applicant on bail following grounds:

GROUNDS

1) That the applicant are permanent residence of the above mentioned

address and Complainant filled false case against accused and all false

allegation lodge against accused.

2) That applicant belong to the respectable family and he have deep roots in

society.
3) That the present matter is the matter of property and the special civil suit

is on the board of Hon’ble Civil Judge Senior Division Pune bearing Spl C.S.

No. 1123/2021. The said civil matter is in favor of present applicants and

other accused the persons hence to compress the present applicant and

other co accused persons the informant has filled false F.I.R. with untrue

story.

4) That the applicant and the informant have the quarrels regarding the land

since last many years and said matter is still pending before the Hon’ble

Civil Judge Pune, as well as applicant and other accused persons have faith

in the Hon’ble Court and Law, but the informant does not as well as the

informant is falling behind in the said Civil Suit hence due to that Informant

after thoughtful story and with the intention to force accused persons to

compress the applicants and other co- accused persons in the said Civil Suit

filled the present F.I.R., the said facts of the informant is manipulated and

fabricated it is totally made and after thought story by the informant.

5) The applicant is well behaved person and have good moral character he

never threatened nor mis behave any person nor have any habitual

offending record, the informant with false and fabricated story filed the

said crime against accused person and they had not committed any offence

as alleged against him.

6) That the accused is the earning member of his family and he has the

responsibility of bread and butter of his family. That if the accused is put

behind the bar his family shall put to starvation.

7) That the accused shall not hamper or tamper with the prosecution witness

and assure to make himself available as and when directed by this Hon’ble

Court.
8) Hence the detention of the accused in Police Custody or Judicial custody is

not all necessary for the interrogation of the offence.

9) Four accused in the said C.R. are released on regular bail by learned JMFC.

10) The F.I.R. specifically states 4 and 5 that women has snatched 36 grams

gold chain therefore the role of present accused is no-where specifically

mentioned in the F.I.R. neither one goes through whole the incident

mentioned in the F.I.R. there is no specific role of this present applicant

accused.

11) That the there is no recovery or discovery at the hand of accused person

and investigation is totally completed and no purpose will serve to keep

the accused the behind bars.

12) That the applicant is ready to attend the concern police station as and

when called him and ready to cooperate with the investigation officer.

13) That the accused / applicant is also ready to abide any condition imposed

on him while releasing on bail by this Hon’ble Court.

14) That the applicant is ready to furnish surety as per order of this Hon’ble

Court. That the applicant is no where concern with said crime.

15) That there is no previous application for bail has filed and no application

is pending in any other court.

16) That the informant had never filed any single complaint with police

against any of the accused persons or particularly applicants, during his

lifetime regarding beating, abuse or threats given.

17) That applicant do not have any criminal antecedents.

18) That applicant is permanent residents of abovementioned addresses and

there are no chances of their absconding.

19) That applicant is law abiding citizen and thus he have very good

reputation in the locality. The present accusation has been made solely to

tarnish his reputation and humiliate the Applicant.

20) Mr. T. Chandramouil son of Late P. Thiagarajan Vs. Poliec

Inspector, Vasco Police Station and Anr VascoGoa and Mr. K.A.
Narasimhan, 2017 ALL MR ( Cri) 17, Wherein it has observed that,
“Nature of grievance made forthwith in complaint civil dispute between
parties Applicant’s husband and complainant in arbitration proceedings
before Arbitral Tribunal – complaint filed abuse of criminal process FIR
quashed.

21) Marqcellina Antao Vs. State of Goa 2015 ALL MR ( Cri.) 3609,
Wherein it is observed that,” the claim and counter claim between parties
appear to be of a civil nature for which institution of criminal
proceedings is improper – Impugned FIR quashed ordered accordingly.

22) Mohan Gangadharrao Gathadi & anr. Vs. State of Maharashtra,

2009 ALL MR (Cri.) 449, Wherein it is observed that, since allegations in
complaint was purely of civil nature thus, it does not constitute any
criminal offence”

23) Shri. Minguelino D Costa Vs. State of Goa, through its Chief
Secretary, 2016(2) AIR Bom.R( Cri.), Wherein it is observed that,
”therefore, dispute between parties with regard to tenancy of agricultural
land and essentially of civil nature. Hence FIR liable to be quashed”.

24) Santosh s/o. Adinath Ghalage Vs. The Stae of Maharashtra &
Ors. 2017 ALL MR ( Cri) 3588, Wherein it has observed that, Dispute was
of civil nature – Respondent ought to have opted for civil remedy FIR
quashed.
 25) Mohammed Zafer s/o. Mohammed Qumar Vs. State of
Maharashtra, 2014 ALL MR (Cri.)1344, Wherein it is observed that,
Dispute between parties is of civil nature Prima acie no case is made out
against applicant hence, FIR against applicant is liable to be quashed”

26) Ajy Arora Vs. Imran Yunus Azmi and Ors. 2013 ALL MR ( Cri)
162, wherein it is observed that, “ Allegations made by the first to third
Respondents are in the nature of civil dispute In view of this fact and in
view of the statements made by the first to third Respondents, this a fit
case to exercise powers under section 482 of the Criminal Procedure
Code, 1973 – Respondents have shown willingness to pay a reasonable
amount to Maharashtra State Legal Service Authority Therefore FIR
liable to be quashed”

27) That in case the anticipatory bail is not granted by this Hon’ble Court to the

Applicant, they shall suffer irreparable loss and injury. He shall also be

subjected to heavy mental agony and excruciating tortures for no fault on

their part.

28) That it is the golden principal in our constitution “Bail is the rule and jail

is the exception”

29) That this is the first anticipatory bail application filed by applicant and no

other bail application is pending or rejected by any other Court.

30) That for the grounds stated above and grounds which may be argued,

It is therefore humbly prayed that :-

 a) this application may kindly be allowed and orders granting an

anticipatory bail in respect of Dehu Road Police Station C.R. No. 11/2023

may kindly be issued in favor of the Applicant- Ajit Dattatray Kadam.

b) Any other just and equitable order which this Hon’ble Court thinks fit

and proper may kindly be passed in the interest of justice.

VADGAON MAVAL

Date: 12 /1/2023 Applicant

Advocate for Applicant

ADV. VAISHALI KANISKAR

VERIFICATION

I, Ajit Dattatray Kadam, Age – 32 years, Occ – Service, R/a. Cooper Society,

Sector No.28, Block No. 21/8, Nigadi Pradhikaran, Pimapari Chinchwad Dist –

Pune, the present Applicant, do hereby state on solemn affirmation that the

contents of this application in above paras are true and correct to the best of

our knowledge and belief, so I have signed hereunder.

Vadgaon Maval

Date: 12 /1/2023

Applicant