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Exh.No.

BEFORE HONBLE DISTRICT AND SESSIONS COURT AT

LATUR.
Cri. M.A. No_____/2021.

Abhiman S/o Vitthal Bhosale.

Age. 37 Years. Occu, – Driver.
R/o Village - Papari. Tq. - Mohal.
Dist. – Solapur. (MH) PETITIONER.
Versus.
State of Maharashtra.
(Through P.I. of Bhada P.S. Bhada.)
RESPONDENT.

Claim – Grant of bail U/s 439 of Cr.P.C.

HEADS OF PETITION.
 Cri No. & P.S. - 42/2021. Bhada P.S.
 Cri No. & P.S. - 54/21.Bembali Police
Station. Osmanabad.
 Under Sections. - 376(1). 506.Of I.P.C.
 Dt & time of incident. - Dt,30/03/2021.3.00 AM.
 Date of F.I.R. - Dt, 07/04/2021.@ 11 PM.
 Delay in F.I.R. - Eight(8)days 20 Hours.
 Date of Arrest. - 08/04/2021.
 Date of M.C.R. - 09/04/2021.

MAY IT PLEASE YOUR HONOUR!

Herein the above named petitioner
most humbly begs and submits this petition for
grant of bail U/s 439 of Cr.P.C. as under.
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PROSECUTION STORY IN SHORT. –

That, the one Sarika w/o

Mahadeo Kadam. Age 34 year. Now R/o Tq. -
Tuljapur. Dist, - Osmanabad. Original resident
of Tq.- Mohol. District - Soalpur. Lodged a
complaint in Bembali police station. Dist,-
Osmanabad. and said police station registered
Crime No 54/2021. alleging that, the
complainant is residing with her two Sons
along with her lover namely Mahadev Sawant who
is originally resident of Vill. Papari. Tq
Mohol. Dist, Solapur due to disputes with her
husband Namely Mahadeo Kadam since last one
year and doing job of house works washing
utensils and clothes.
Further the complainant alleged
that, the said lover Mahadev Sawant who is
doing job of driver on “Thumsup” vehicle and
left home/her without saying to anything since
last from 10 days. The complainant taken the
search of her lover near almost places and
also enquired to the friends of said Mahadev
Sawant and also towards the others drivers but
not found. The complainant also tried by
making phone calls. she also enquired toward
one Abhiman Vitthal Bhosale, who very well
acquainted with her and also with her lover
Further the complainant alleged
that, on date 20/03/2021. At about 03:00PM.
the complainant enquired towards Abhiman
Bhosale by way of making phone call upon he
said that to stop under the bridge at Patoda
as he is coming by loading his truck and also
told that they both will take search upon
which the complainant came for same at about
5:00 PM. and later the complainant gone
towards the Lokmangal sugar Factory at Lohara
and later they both came under same bridge
emptying the said truck. Later the Abhiman
told the complainant that. ”We have to go
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towards Ahemadpur to take search of Mahadev

Sawant”. Upon which they both gone at about
9:00 to 10:00PM in said truck.
Further the complainant alleged
that,on next day ie 29/03/2021. at about 09:00
AM. they both reached at Bhada factory
situated at near Sangavi Village at Ahemadpur
and at that time when they were near gate of
said factory, Abhiman told to the lady of
hotel that “she is the sister of him and to
allow her to sit in hotel till he came back
with loaded truck from factory”. And later the
complainant taken meal at the house of said
lady and stayed. Later the Abhiman came with
loaded truck at about at about 08:30 PM. And
complainant asked about Mahadev then he
replied that, “he had enquired some peoples of
village Papari. on phone calls and we have to
take search in Papari”. Upon which they both
started journey for Solapur.
Further the complainant alleged
that, on date 30/03/2021 at about 03:00 AM.
due to falling sleep said Abhiman parked the
truck in front of Hotel Kanhaiya situated
within the area of Kajla Shivar on Latur –
Tuljapur road and both sleep in the said
truck. Later at about 04:00 to 04:30.AM.
Abhiman rubbed his leg with her legs, then the
complainant told him. “Brother, why you doing
so, if you want to do, call your wife, I acme
for searching Mahadev Sawant so, you can’t do
anything forcibly”. Upon which Abhiman hold
both hands and threatened her not to make
quarrel otherwise he will throw down and fall
over her body and the complainant tried to
resist and due to her bangles broken and she
sustained some scratches on hand. Later
Abhiman left the complainant near Lokmanya
factory pati situated at Village Lohara and
complainant went towards the sister of Mahadev
Sawant at Village Penur by a pickup vehicle.
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Upon which the police of Bembali

police station. Village Bembali. District. -
Osmanabad registered the crime No. 54/2021. On
date 05/04/2021. And forwarded same to Bhada
police station due to place of said incident
comes under the jurisdiction of Bhada police
Station. Bhada. District Latur. Registered the
Crime no 42/2021. U/s 376 (1) 506. Of I.P.C.
and arrested the petitioner on date
08/04/2021. Who is now in M.C.R. from
date.09/04/2021.
GROUNDS OF BAIL. -

1. That, the story of complainant

prima facie nothing but imaginary one and
also put serious question mark over
truthfulness of complainant. It is highly un
acceptable that, the complainant keep mum
after said imaginary incident which she
claims at occurred on public place.
2. That, as per the imaginary
allegations of complainant as she was left
on Pati (Name plate) of Lokmanya Factory at
Lohara. Which is in District of Osmanabad
which is a public place, official working
time of factory and full of traffic with
workers, general public, and the complainant
has not any domination over said place or
public at a large to disclose said incident
to anyone but apart from that, the
complainant prefers to travel by a pickup
van, and went towards Village Penur. Towards
the sister of her lover. But the
complainants remain silent and not uttered
any word with anyone, even to the sister of
her Lover namely Mahadev Sawant. So, the
allegations of complainant are vague and
made with other intention which should not
necessary be came on record at this
juncture.
3. That, there is inordinate
delay of (7) Seven days to register the
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crime by Bembali Police Station. District

Osmanabad who registered Cri. No.54/2021. On
date 05/04/2021. The conduct of said police
station to register F.I.R. is also in doubt
to help the complainant to involve the
present petitioner in serious crime. The
said police station without registering
crime with ZERO registered the crime without
any jurisdiction. So, the role of said
police stations officers also in question
and this Hon’ble court has reason to believe
same prima facie after careful reading/
perusal of F.I.R. No 42/2021. specifically,
Para No. 12 in the heads of First
information contents. (Copy of said F.I.R.
Enclosed herewith with list of documents in
Sr. No. 1) which clearly shows that the
earlier F.I.R. was registered in Bembali
Police Station. Dist Osmanabad. And said
Bembali police station with joining hand
with the complainant regd, crime without any
jurisdiction and the said conduct of police
station is nothing but a try to hide delay
or misguide this Hon’ble Court.
4. That, it is highly unacceptable
that the complainant /victim keep moving one
village to another keeping mum for nearly
about 7 days without any reason or any
domination of any person or any difficulty,
valid ground to put in the motion criminal
law. The conduct of complainant itself shows
the mollified intention to book the present
petitioner in the said crime.
5. That, if this Hon;ble court
peruse the F.I.R. carefully, it is easily
found that the concerned Bhada police
station intentionally omitted the date of
Registration of F.I.R. by Bembali police
station but rightly mentioned the date in
Magistrate Custody Remand (enclosed herewith
with list of document at Sr. No. 2.) in page
no 1. Para No. 9 lines one to Four clearly
shows that even the investigation machinery
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are not come before judiciary with clean

hands.
6. That, the contents of F.I.R.
and allegation of imaginary incident is
nothing but dictated by a person who has
having legal knowledge. The contents of
F.I.R. specifically in page No. – 3.
Specifically lines 1 to 4. About sustain
injury by the victim are not justified but a
little try and cry to hide the truth and
doubt.
7. That, the prosecution itself is
unable to disclose the reasons in
registering the F.I.R. near about Six days
apart from that after registration of F.I.R.
delay of transmitting nearly of 54 hours
(more than Two days) to concerned Bhada
police station. In whose jurisdiction the
alleged imaginary offence occurred.
8. That, the police machinery
itself bought to the notice of Learned
J.M.F.C. Court at Ausa. In M.C.R. yadi dated
09/04/2021. Last two paras of page No.2.
clearly mentioned that, they have completed
the investigation of said crime and for
filling charge sheet purpose requested the
Ld. J.M.F.C. Court Ausa. to take the present
petitioner in M.C.R. and rightly Ld, court
granted magistrate custody of the present
petitioner. So, the investigation of said
crime is complete, there is no necessity of
the present petitioner to keep in M.C.R.
without any reason.
9. That, the present petitioner is
innocent person and not committed any crime
and only one Karta person /Bread earner of
his family, the present petitioner has
having duty to earn bread for his wife,
Minor Sons and Daughter, old aged parents.
Keeping him behind the bar of bail is
nothing but injustice to the petitioner and
with his family who already suffering from
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Lockdown effect nearly about since last one

year. And in the epidemic era of covid-19
virus spread situation which become to the
danger to everyone’s life who remains in
overloaded jails, it is not desirable to put
the present petitioner behind the bar of his
liberty.
10. That, the present petitioner
is law abiding person and not habitual
offender and also having agricultural land
as well as house property situated in
Solapur district. The petitioner is ready to
furnish surety as per order of this Hon’ble
Court. So there is no any chance of abscond
of present petitioner. Petitioner is also
ready remain present whenever ordered by the
investigation officer or by this Hon’ble
Court.
11. That, the petitioner is also
ready to maintain each and every condition
if imposed by this Hon’ble Court. This is
the first bail petition filled by the
petitioner and there is no any other bail
petition filled / pending by the present
petitioner. So, in such circumstance bail
may kindly be granted to the present
petitioner to meet interest of the justice
and oblige.
 Rest of the ground which are not
specifically mentioned in this petition will
be argued with prior permission of this
Hon’ble Court.

HENCE IT IS PRAYED.
By allowing this petition, bail
may kindly be granted to the
present petitioner in the
connection with his M.C.R.
order in Cri. No.42/2021. Bhada
police station. to meet
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interest of the justice and

oblige.
Date. /04/2021. PETITIONER.

Through.

Ram.P.Kendre.
Bhupendra.P.Chavan.
Advocate. Latur.