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Order Below Exh.1 in Cri.Bail Appln.No.530/2022
CNRNo.MHNS010021022022
Alka Devidas Ugalmugle, Santosh Khandu Avhad & Chaitali
Mahesh Nagre Vs. State.

Heard:
1.

Ld.Adv. Mr. M.P. Sansare for the applicants.
Ld. APP Ms. S. S. Sangle for the State.

This is an application for bail under Section 439 of the
Code of Criminal Procedure in Crime No.81/2022 registered at Police
station Wavi, Dist. Nashik for the offence punishable under Sections
302, 307, 324 and 498­A r/w Sec. 34 of the IPC. It is the case of the
prosecution in brief that the accused No. 1 is the husband of the
complainant and is a police constable. He had been inflicting physical
and mental cruelty on the complainant since the past few months. On
the date of the incident, he went to the complainant’s maternal home
and picked a quarrel with her. He also held her by her hair and
assaulted her with a knife on her thighs. When she raised a hue and
cry, her parents came to the spot when the accused No. 1 assaulted
both of them with a knife. He thus inflicted injuries on all three of
them and fled. Subsequently, the complainant’s father succumbed to
the injuries. Applicants herein are accused No. 2, 3 & 5 and are the
mother­in­law, brother­in­law and sister­in­law of the complainant.

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2.

Learned advocate for the applicants has submitted that the
applicants have been wrongly arraigned in the said offence. They
were not present at the spot of the incident and have no role to play
in the murder of the complainant’s father. Their role is only limited to
offence under Section 498(A) of the Indian Penal Code. They are
permanent residents of Nashik district and are ready to abide by the
terms and conditions imposed by the court.
3.

Per contra, Ld. APP has opposed the bail application on
the ground that the offence is serious in nature. Investigation is in
progress and charge­sheet is yet to be filed. If the applicants are
released on bail, there is possibility of their tampering with
prosecution witnesses.
4.

Perusal of the case diary and the FIR clearly indicates that
the applicants were not present at the spot of the incident. Their role
is only limited to offence under Section 498(A) of the Indian Penal
Code. They are ready to abide by the terms and conditions imposed
by the court.

No purpose will therefore be served by keeping them
behind bars. In view thereof, I am inclined to allow the application
subject to the following terms and conditions.
ORDER
1]
The application is hereby allowed.

2]
The applicants Alka Devidas Ugalmugle, Santosh
Khandu Avhad & Chaitali Mahesh Nagre, they be
released on bail by executing P.R. and S.B. of ₹30,000/­
each with one or two local sureties of like amount.

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3]
The applicants shall not directly or indirectly, make any
inducement, threat or promises to any person acquainted
with the facts of accusation, so as to dissuade him/her
from disclosing such facts to the Court or to the police
officer and shall not tamper with the prosecution evidence
in any manner.

4]
The applicants shall not commit any offence.

5]
The applicants are duty bound to inform the I.O. and the
court about their change of address, if any.

6]
The applicants shall furnish residence and ID proof of two
blood relatives to the I.O.
Digitally
MRIDULA
BHATIA
Nashik
24/05/2022.

signed by
MRIDULA
BHATIA
Date:
2022.05.24
17:47:50
+0530
M. V. Bhatia
District Judge­2 and Addl.
Sessions Judge, Nashik.