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Criminal Bail Application No.149/2022
CNR NO. MHCC02-000739-2022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 149 OF 2022
IN
R.A. NO.57 OF 2022
IN
C.R. NO. 18 OF 2022
Ashok Vittal Surwade,
Son of Vittal Dashrath Surwade,
aged about 38 years,
Occ: Service with Railway,
Permanently residing at 106/03,
Central Railway Colony,
Kurla Terminus Road,
Opp. Sable Nagar,
Kurla (E), Mumbai – 400 024.

…Applicant/Accused No.1
Versus
State of Maharashtra
(At the instance of Nehru Nagar Police
Station)
…Respondent
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Criminal Bail Application No.149/2022
Appearances:
Advocate Mr. Pravin G. Pillay alongwith Advocate Lalitprabha P. Pillay for
the applicant/Accused.
ADPP Mrs. Meera Choudhary – Bhosale for the State/Respondent.
CORAM : H.H.THE ADDITIONAL SESSIONS JUDGE,
SONALI P. AGARWAL (C.R. NO. 41)
DATED : 25th JANUARY, 2022.
:ORDER:
This is an bail application filed by accused under section 439 of the
Code of Criminal Procedure 1973 (hereinafter referred to as “Cr.P.C.”) for
grant of regular bail in connection with Crime No.18/2022 for the offence
punishable under Sections 306 and 498(A) r/w 34 of the Indian Penal
Code, 1860 (hereinafter referred to as “IPC”) registered with Nehru Nagar
Police Station.
2.

Heard argument of learned counsel for accused and learned APP for
the State.
3.

Prosecution has alleged that informant’s deceased daughter got
married with applicant-accused Ashok on 03.06.2012. She was staying
with applicant-accused Ashok at Mumbai. It is further alleged that
applicant-accused Ashok used to take liquor and beat deceased. It is
further alleged that before three years, applicant-accused Ashok demanded
Rs.3,20,000/- from informant to purchase house and she gave the same to
him. But informant was not shown where house is taken. It is further
alleged that applicant’s mother-in-law Vanita also used to abuse her and
complain about domestic work. It is further alleged that applicant-accused
and one lady named Deepali were having extra marital affair and when
deceased asked him about the same, he abused her. It is further alleged
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Criminal Bail Application No.149/2022
that Deepali also used to abuse and threaten deceased. It is further alleged
that due to such ill-treatment deceased committed suicide and therefore,
FIR came to be lodged with police.
4.

Applicant-accused has contended that deceased was happily married
with him. He has further contended that the real culprit behind the death
of deceased is lady Deepali who threatened deceased to implicate him in
false complaint and break his legs and hands. Applicant-accused has
further contended that deceased by letter to Janseva Samajik Sanstha,
Mumbai prayed for justice admitting that she is happily married with
applicant-accused. Applicant-accused has further contended that Deepali
and her family members threatened the said Sanstha with dire
consequences if they intervened in the matter and the Sanstha informed
about the same to deceased which aggravated her depression and
therefore, Sanstha addressed a letter to Rajya Mahila Aayog, Bandra.
Applicant-accused has contended that deceased gave compliant against
Deepali and her family members to Rajya Mahila Aayog, Bandra.
Applicant-accused has also contended that he also gave complaint against
Deepali and her family members to Nehru Nagar Police Station by post.
Applicant-accused has contended that he is gainfully employed with
Railways since the year 2010 and his mother and children are dependents
on him and prayed to be released on bail.
5.

Prosecution
has
specifically
alleged
that
informant
gave
Rs.3,20,000/- to applicant-accused as he demanded to purchase house but
she was not even shown where the house is taken. It is alleged that
deceased told her parents on phone many times that applicant-accused
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Criminal Bail Application No.149/2022
Ashok and one lady Deepali are having extra marital affair and when
deceased asked applicant-accused about it he abused her and then
deceased has committed. Applicant-accused submitted one xerox copy of
letter alleged to be given by deceased to Janseva Samajik Sanstha. It
appears that in such letter it is stated that deceased came to know that her
husband and Deepali had started talking with each other. It appears, one
another letter alleged to be written by deceased to Rajya Mahila Aayog,
Bandra is also produced, in which it is stated that Deepali and applicantaccused again came in contact with each other. As per contentions of
accused if Deepali was contacting him and he was not having any extra
marital affair with her. But deceased has taken step to commit suicide. At
this prima facie stage there is nothing to show that this is a false FIR. Yet
investigation is not complete. In such circumstances, if accused is released
on bail, then there is every possibility that he will threaten witnesses and
tamper with evidence of prosecution. Hence, it will not be proper to
release him on bail. Hence, pass following order:
ORDER
1.

Criminal Bail Application No.149 of 2022 is rejected.

2.

Criminal Bail Application No.149 of 2022 stands disposed of
accordingly.

Dt. 25.01.2022
Dictated on
Transcribed on
Signed on
(SONALI P. AGARWAL)
Additional Sessions Judge,
Gr. Bombay
: 25.01.2022
: 25.01.2022
: 25.01.2022
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Criminal Bail Application No.149/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
25/01/2022 at 3.53 p.m.
UPLOADED DATE AND TIME
Subhash Sukhdeo Poul
NAME OF STENOGRAPHER
Name of the Judge (With Court H.H.J. Sonali P. Agarwal
Room No.
Room No.41)
Date
of
Pronouncement
Judgment/Order
of 25/01/2022
Judgment/Order signed by P.O.on
25/01/2022
Judgment/Order uploaded on
25/01/2022
(Court