MHNS010045112020 Order below Exh.1 in Cri. Bail Application No.1653/2020.

{ Aatmaj Ashok Patil Vs. State}

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicant apprehends his arrest in Crime No. 577/2020 for the offence punishable under sections 498­A, 377, 323, 504, 507 of the Indian Penal Code registered with Ambad Police Station, Nashik on accusation that the applicant­husband of informant committed unnatural offence with her from time to time and also subjected her to cruelty and thereby committed an offence.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. The informant has made wild and vague allegations against him. Nothing is to be seized or recovered from him. There is no evidence against him. He is ready to co­operate in further investigation. He is not having any criminal antecedent. On the other hand, the informant is in extra marital affair with Mangesh Khairnar. The informant has already grabbed huge amount from the applicant. His custodial interrogation is not necessary. He is having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise.

Therefore, he has prayed for prearrest bail.

4.The respondent State filed its say and denied all the adverse allegations made by the applicant and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record against the applicant. If he is released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5.Heard learned advocate Mr. Kasaliwal for the applicant and learned APP Smt. Sangale. I have also perused the investigation papers made available by the Investigating Officer as well as documents filed by both the parties. Perusal of record, prima­facie it appears that marriage between the applicant and informant took place on 28.05.2002. The applicant is Chemical Engineer. The informant is also well qualified. It further appears from the documents that before filing of this report, the informant has filed N.C. Case Nos. 643/2013 on 12.07.2013; 2577/2019 on 15.09.2019 and 454/2020 on 16.02.2020 with Ambad police station, Nashik and Indiranagar police station, Nashik against the applicant and others. The recitals of FIR prima­facie shows that the informant has made allegations of unnatural offence against the applicant­accused. No doubt, the informant did not whisper about it in N.C. Case, the lady will not come forward immediately to make such allegations against her husband. The allegations are serious and heinous. As far as the submissions regarding extra marital affair of informant, are concerned a deeper probe into the veracity of the allegations is not warranted at this point of time. The allegations against the applicant are well founded. The scope of investigation appears to be very wide. In order to carry out proper

investigation, custodial interrogation of the applicant appears to be necessary. If the applicant is released on prearrest bail, there will be hurdle in further investigation. Considering the nature and gravity of accusations, I am of the opinion that the applicant has not made out the case for grant of prearrest bail. With this, I proceed to pass the following order.

O R D E R

Application stands rejected.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.03 Jadhav
17:04:54 +0530 ( Smt. S.C. Jadhav ) 03rd December, 2020. Additional Sessions Judge­8,
Nashik.