Cri.B.A.No.1170/22OrderEx.1. Order below Exh.1 in Bail Application No. 1170/2022
Abhishek Kantilala Deokar .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Adgaon Police Station, Nashik. (Cr. No.I 143/2022)
.. Prosecution
Order below Exh.1.
1.The applicants/accused Anita Kantilala Deokar claims bail in C.R. No. I143/2022 for the offences punishable under Sections 306, 304B, 498A, 323, 504 r/w. 34 of the Indian Penal Code registered with Adgaon Police Station.
2.Heard Learned Advocate Shri R.D.Avhad, for the applicant, learned A.P.P. Smt. Sangale for the State. Perused the papers of investigation.
3.It is the case of the prosecution that the applicanthusband has illtreated and harassed the deceased for unlawful demand and thereby abetted the commission of suicide by her.
4.The ld. Advocate for the applicant submitted that the applicant has not committed any offence as alleged. Applicant is doing job. He has no concern with the alleged offence. Since the marriage, there was no any complaint either by the deceased or the informant against the accused. Applicant came to be arrested on 08.06.2022. Now, investigation is complete and chargesheet is filed and therefor, no need to languish the applicant behind bar.
5.Per contra, ld. APP resisted the application with the contention that the offence committed by the applicant is very much serious in nature. Deceased Sonali died within seven years of her marriage. Her death is unnatural one. Therefore, ld. APP requested to reject the application.
6.Perused the application and papers of investigation. It reveals from the record that the applicant is the husband of deceased. There are specific averments in the report that he used to harass the deceased and thereby fade up with the harassment, she has committed suicide. As such prima facie concern of the applicant with the alleged offence is clear. But then, it is brought to the notice of this Court that investigation is complete and chargesheet is filed. There is no any recovery or discovery as such remain from the applicant. Physical custody of the applicant is thus no more required.
7.Howsoever it may be, it reveals from record that applicant came to be arrested on 08.06.2022. The coaccused is already released on bail. According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is a local resident and is ready to abide any conditions on grant of bail. Considering all these aspects, this Court is of the view that applicant can be released on bail by imposing certain conditions.
Hence the order.
:: O R D E R ::
1] The application is allowed.
2] Applicant Accused Abhishek Kantilal Deokar arrested in C.R. No. I143/2022 for the offences punishable under Section 306, 304B, 498A, 323, 504 r/w. 34 of the I.P.C. registered with Adgaon Police Station, Nashik be released on bail in the sum of Rs.15,000/(Rupees Fifteen Thousand only) with a surety in the like amount subject to following conditions :a] That he shall not tamper with the prosecution evidence in any manner.
b] Applicant is directed not to enter the area/vicinity where the victim resides till end of trial.
c] Applicant is directed to furnish his permanent address proof, mobile number.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.29 17:34:43 – 0600 Nashik. (Aditee U. Kadam) Date : 29.09.2022. Additional Sessions Judge2, Nashik.