MHCC020006232024 IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI CRIMINAL BAIL APPLICATION NO.93 OF 2024
(CNR NO.MHCC02-000623-2024) IN C.R.NO.05 OF 2024

Mohan Gopal Dandge
Aged 23 Years, Indian Inhabitant,
Occupation: Not mentioned,
Residing at Room No.06,
Galli No.05, Kamkaj Nagar,
Ghatkopar East, Mumbai 400 075. ..Applicant/Accused

Vs.

The State of Maharashtra Pantnagar Police Station. ..Respondent

Appearances :Ld. Advocate Mr. Rohit R. Gangurde, for the Applicant/ Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale and Mrs. Rajlaxmi
Bhandari, for the State/ Respondent.

CORAM : H.H. DR.GAURI KAWDIKAR ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41) DATED : 13TH FEBRUARY, 2024 ORDER

01.The application is filed by the accused under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. No.05/2024 registered with Pantnagar Police Station for the offence punishable under Sections 306 and 498-A of the Indian Penal Code, 1860.

02.Notice was issued to the respondent. The Investigating Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.

03.Heard both the Ld. Counsels. It is the contention of the advocate of the accused that false and concocted FIR is filed. Deceased was the wife of the accused. They had run away from the
home to get married as there was opposition from the family members. Even after marriage and birth of one child, the family of the deceased was telling her to come back and that the accused was
not suitable for her. The family of the deceased was telling her that the accused could not take care of her child and herself. Brother of the accused has filed NC against the complainant. The accused has
also filed NC against the family of the deceased prior to the incident. The accused was arrested on 03/01/2024. Since then he is languishing in jail. Statement of witnesses are recorded. Panchanama are drawn. The accused is 23 years old. There are no criminal antecedents against him. He is residing in Mumbai on rental basis and is permanent resident of Dist. Buldhana. The accused is ready to abide
by all terms and conditions imposed by the Court. He has prayed for grant of bail to the accused.

04.Per contra, Addl.P.P. submitted that the offence is serious in nature. Statement of witnesses are recorded. The witnesses have stated that the accused was assaulting the deceased. If the accused is released on bail, there is possibility of threatening the complainant and witnesses, tampering with the evidence and hindering the investigation. She has prayed for rejection of the bail application.

05.Perused record. FIR mentions that the deceased and the accused had run away from home and got married on 17/02/2022. On 26/04/2023, Kailash Ganpat Telang has lodged FIR against the family members of the accused for offence punishable under sections 323, 324, 504, 506 r/w 34 of the Indian Penal Code, 1860. Similarly, on 04/03/2022 Rahul Dandge i.e. brother of the accused has filed NC against the present complainant. On 12/04/2023 Komal Dandge i.e. sister in law of the accused had filed NC against the present complainant and her husband. It shows previous enmity between
the accused and the family of the deceased. The accused and the deceased have a son born on 28/12/2022.

06.It is alleged that on 01/01/2024 at about 8:00 p.m., the accused called the complainant on phone and told her that her daughter has drank poison. When the complainant tried to talk with her daughter on phone, she told her that she had drank rat kill. The complainant told her brother Shantaram Pahurkar to go to the hospital immediately. Santaram Pahurkar called the complainant and told her that her daughter was vomiting and her health was not good. On 02/01/2024 her daughter was deceased. FIR was lodged on 03/01/2024.

07.At this stage, statement of witnesses are recorded. Panchanama is drawn. It is pertinent to note that there is no allegation of instigation or gloating or abetment in the statement of the witnesses. Most importantly, during seizure panchanama no bottle of rat kill is found. Taking into consideration that the accused and the deceased had run away to get married, previous enmity between the family of the deceased and the accused due to the marriage performed against their wish, pending cross complaints
against each other, stage of investigation, no criminal antecedents of the accused, age of the accused; it is held that continued incarceration of the accused is not required. Most importantly, son of the accused and the deceased is only about 1 year 2 months old. After the demise of his mother, the only parent to look after him is the father i.e. the accused. On this ground also it is found fit to
release the accused on bail.

08.It is pertinent to note that the accused is residing at Mumbai on rental basis and is permanent resident of Dist. Buldhana. To ensure presence for trial, certain terms and conditions can be imposed. To facilitate investigation, the accused can be directed to attend the police station. Similarly, to protect the complainant, avoid future dispute, certain terms and condition can be imposed on the accused. For the aforesaid reasoning, it is found fit to grant bail to the accused by imposing certain terms and
conditions. Hence, the order

ORDER
1.The Criminal Bail Application is allowed.

2.The accused Mohan Gopal Dandge be released on bail in Crime No.05 of 2024 registered with Pantnagar Police Station for the offence punishable under Sections 306 and 498-A of the Indian
Penal Code, 1860 on executing P.R. Bond of Rs.50,000/- with one or more surety/sureties in like amount, on the following conditionsa) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Pantnagar Police Station as and when required by the Investigating Officer and co-operate during investigation.

c) He shall not commit any offence in future.

d) He shall not leave India without permission of the Court.

e) He shall furnish his permanent and temporary address, if any, and his contact details to the concerned police station.

f) He shall not change his residential address without prior intimation to the Investigation Officer and to the concerned Court.

3.Bail before the Ld. Metropolitan Magistrate.

4.Breach of any condition would entail cancellation of bail.

Date: 13/02/2024 Place: Mumbai (Dr. Gauri Kawdikar) Addl.Sessions Judge, City Civil & Sessions Court,
Gr. Mumbai ..6.. “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.”
Upload Date Upload Time 13/02/2024 04:45 P.M. Name of the Judge (With Court Room No.) Name of Stenographer Mrs. Mrunal S. Pendkhalkar HHJ DR.GAURI KAWDIKAR (Court Room No. 41) Date of Pronouncement of ORDER 13/02/2024 ORDER signed by P.O. on 13/02/2024 ORDER uploaded on
13/02/2024