Cri.Bail Application No.93/2024
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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.

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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.

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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
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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 orderORDER
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.

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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
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“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