MHCC020041162024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.640 OF 2024
IN
C.R.NO.39 OF 2024
Satish Laxman Usakilla
Age 31 Years, Occupation: Labour,
Residing at Room No.44,
Sunder Baug Society, Jai Ambika
Nagar, Sunder Baug Lane,
Kurla, Mumbai 400 070.
Presently in Judicial Custody.

..Applicant
Vs.
The State of Maharashtra
[At the instance of Senior Inspector
of Ghatkopar Police Station]
To be served through Public Prosecutor,
Sessions Court, Mumbai.
..Respondent
Appearances :Ld. Advocate Mr. Sumedh H. Jagtap, for the Applicant/ Accused.
Ld.AP.P.Mrs. Meera Choudhari-Bhosale, for the State/ Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 15TH APRIL, 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.39/2024 registered with Ghatkopar Police Station for the offence
punishable under Sections 304-B, 306, 498-A, 323 and 504 r/w 34 of
the Indian Penal Code, 1860.

BA 640/2024
02.

-2-
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 the deceased was married to the accused
on 12/05/2022. Accused is the husband of the deceased. He submitted
that the accused does not have any role in the commission of the
offence. He further submitted that there is no recovery or discovery
to be made at the instance of the accused. There are no criminal
antecedents attributed to the accused. He is permanent resident of
Mumbai. The accused was arrested on 11/01/2024. Charge-sheet is
filed. It is alleged that the accused ill-treated the deceased, demanded
dowry and abetted her suicide. In fact, the accused has never illtreated the deceased, no dowry was demanded from the deceased
and there is no abetment or instigation for committing suicide. The
allegations against accused are vague and general in nature. He
submitted that the accused is law abiding citizens, he is having roots
in the society. He is ready to abide by all terms and conditions
imposed by the Court. He has prayed for grant of bail.
04.

Per contra, Addl.P.P. submitted that the investigation is
complete and charge-sheet is filed. The accused ill-treated the
deceased, demanded dowry and abetted her suicide. She submitted
that the offence is to be serious in nature. She further submitted that
if accused is granted bail, there is possibility of the accused
tampering
with
the
prosecution
evidence,
pressurizing
the
complainant and hindering the investigation. There is possibility that
BA 640/2024
-3-
the accused will abscond and will not remain available for trial. She
has prayed for rejection of the application.
05.

Perused record. FIR shows that the deceased got
married with the accused on 12/5/2022. FIR is lodged on 10/1/2024.
It is alleged that since marriage, the accused and his mother were
harassing the deceased for not giving dowry, abusing her and
assaulting her by hand. The amount of Rs.25,000/- was demanded
by the accused for taking room on rent. The complainant i.e. mother
of the deceased and her family had transferred amount to the
accused from time to time. It is alleged that on 25/12/2023 the
deceased and her husband had come to the house of the
complainant. That time the deceased had said that she would hang
herself if she was again harassed.
06.

Upon perusal of the statement of the witnesses, it is seen
that they corroborate the FIR. The witnesses have mentioned that
the deceased had drank phenyl few months ago. The co-accused i.e.
mother of the accused is granted anticipatory bail by order passed in
ABA No.163/2024 on 20/01/2024. The allegations against the
accused are taunting the deceased for not giving dowry, demanding
dowry, assaulting her by hand, abusing her and abetting her suicide.
The deceased allegedly committed suicide on 9/1/2024. At this stage,
investigation is complete and charge-sheet is filed. As the chargesheet is already filed, there is no question of hindering the
investigation.

No
purpose
would
be
served
by
continued
incarceration of the accused. Thus, there is no propriety in keeping
the accused behind the bars.

BA 640/2024
07.

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The accused is having roots in the society and there is no
possibility of fleeing from justice. There are no criminal antecedents
attributed to the accused. To facilitate investigation, the accused can
be directed to attend the police station. To protect the complainant,
witnesses and ensure presence of accused for trial, terms and
conditions can be imposed while granting bail. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.
The accused Satish Laxman Usakilla be released on bail
in Crime No.39 of 2024 registered with Ghatkopar Police
Station for the offence punishable under Sections 304-B, 306,
498-A, 323 and 504 r/w 34 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 Ghatkopar Police Station as and
when called by the Investigating Officer on
written notice till conclusion of the trial.

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

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

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

f) If the accused disobeys any of the above
conditions, the prosecution is at liberty to move
the Court for cancellation of bail.

BA 640/2024
3.

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Breach of any condition would entail cancellation of bail.

Date: 15/04/2024
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
15/04/2024
03:05 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
15/04/2024
ORDER signed by P.O. on
15/04/2024
ORDER uploaded on
15/04/2024