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MHNS010033912022
Order below Exh.1 in Criminal Bail
Application No. 834/2022.
1.
This is an application preferred by the accused Alka
Nivrutti Kapse for bail under section 439 of the Code of Criminal
Procedure in C.R.No.I120/2022 registered in Adgaon Police Station,
Nashik for the offence punishable under sections 302, 143, 144, 149,
323, 504 of the Indian Penal Code.
2.
In short, the accused submit that she has not committed
any offence she has been falsely implicated in the present offence.
Accused and deceased are related to each other as sisterinlaw. They
are residing separately, hence, there is no question of quarrel.
Accused has never quarreled with the daughter of the complainant
nor she has ever abused or assaulted by kicks and blows. Accused has
not caused any grievous injury to the deceased. In fact, the husband
of the deceased assaulted the deceased on her head and mouth by
iron spade. Merely because accused is the sisterinlaw of deceased
she has been falsely implicated. Nothing incriminating has been
seized from her. She is in jail since 23062022. Offence under
section 302 of IPC is not attracted to her. Hence, prayed that accused
be released on bail.
3.
Say was called of Investigating Officer wherein he has
submitted that offence is serious. Accused and the witnesses are
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related to each other. If accused is release on bail she will
pressurize witnesses. Report of the seized muddemal is yet to come
from forensic laboratory. Similarly, statement u/s. 164 of Cr.P.C. is
yet to be recorded of eye witness Sindhu Dagu Kapse. Accused and
witness Sindhu Dagu Kapse are related to each other and there is
every possibility of exerting pressure on the witness to avoid given
statement. Investigation is in progress.
Hence, prayed that
application be rejected.
4.
Heard Learned Advocate for the accused and Learned
APP for the State. Perused the case diary. On considering the FIR it
has been categorically stated by the complainant that she heard
chaos in the house of the accused and saw that the applicant along
with others on basis of old quarrel were abusing the deceased and
assaulting her by fist and kick blows. At that time husband of the
deceased took spade having wooden stick and assaulted the deceased
on head and face and she fell down in the house. Though it is argued
by the Advocate for the accused there was settlement between the
parties i.e. the deceased and her husband in January, 2022.
However, no reference has been made in the MOU about the
involvement of the present accused. Hence, prayed that accused be
released on bail.
5.
On the other hand it is contended by the Ld. APP that,
the present accused has assaulted the deceased by fist and kick blows
and her husband was assaulting deceased mercilessly with iron
spade. However, no attempt was made by the present accused to
stop him. Due to the assault the face and head of the deceased was
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flattened. Accused has relations from both the side due to which
some place she has been addressed as motherinlaw and sisterin
law. If accused is released on bail there is possibility of tampering
and threatening the witnesses. Investigating officer has also
contended that brutal murder was committed. Four accused are yet
absconding. Hence, prayed that bail application be rejected.
6.
On perusing the case papers it is seen that medical
certificate of cause of death of the deceased is that death is caused
due to crushed injury to head and face.
Presence of other accused
are yet to be secured. On perusing the MOU not only the husband
but also his family members have given undertaking that similar type
of incident will not occurred again, hence, it cannot be said that no
role is attributed to the accused. Serious offence are levelled against
the accused. Investigation is in progress. In such circumstances I am
not inclined to release the accused on bail at this stage. In view of it,
I proceed to pass the following Order :
ORDER
Application is rejected.
Sd/xxx
Nashik.
Date : 14/07/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.