1
Cri.B.A.No.826/22OrderEx.1.
Order below Exh.1 in Bail Application No. 826/2022
Anita Kantilala Deokar
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Adgaon Police Station, Nashik.
(Cr. No.I 143/2022)
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. Jadhav for the State and Adv.
Shri Shejwal for intervenor. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant has
illtreated and harassed the deceased for unlawful demand and
thereby abeted the commission of suicide by her.
4.
The ld. Advocate for the applicant submitted that the
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Cri.B.A.No.826/22OrderEx.1.
applicant has not committed any offence as alleged. Applicant is
doing job.
She was not even present in the house when the
deceased committed suicide.
She has no concern at all with the
alleged offence. Since the marriage, there was no any complaint
either by the deceased or the informant against the accused.
It
can be said that there is delay of near about 2 years to lodge the
report.
Applicant came to be arrested on 08.06.2022.
Now,
investigation is near about complete and no need to languish the
applicant behind bar. Learned Advocate for the applicant also
relied on the Judgment passed by Hon’ble Supreme Court in
Cri.Appeal
abettment
No.1301/2002
wherein
consideration
as
to
and instigation of suicide were enunciated by the
Hon’ble Supreme Court.
Therefore, ld. Advocate for the
applicant submitted that applicant be released on bail.
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.
Investigation is
at premature stage. Thorough investigation is required to be
done. Therefore, ld. APP requested to reject the application.
6.
I have perused the application and papers of
investigation. It reveals from the record that the informant
mother of deceased Sonali has lodged the report on next day of
the death of deceased.
In the report itself, it is mentioned that
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Cri.B.A.No.826/22OrderEx.1.
the accused were harassing and illtreating Sonali.
During the
pregnancy of Sonali, she was sent to her maternal house.
After
delivery, when she resumed to cohabitation, accused continued to
harass her.
Once Sonali left the house fadeup with the
harassment at the hands of accused and went to the house of her
maternal aunt and told her about her sufferings.
Thereby, her
maternal aunt took her to the house of informant.
Since then,
Sonali was residing with them for about one year.
Thereafter,
on death of father of deceased, accused had been to their house
on 31.05.2022. They convinced informant to send Sonali with
them and promised that they will not harass her anymore.
Therefore, informant sent Sonali with them on 31.05.2022.
Thereafter within a seven days, the incident occurred. As such,
prima facie it is shown that the incident is very well linked with
the accused.
7.
It is prima facie established on record that deceased
was young lady and a mother of three months child.
But then,
she suffered to such an extent that there was no other option left
with her but to commit suicide. There are specific allegations
against the accused in the report. Investigation is at premature
stage.
Even the child of deceased is with informant. She is
taking care of her.
Thus, prima facie concern of the applicant
with the alleged serious offence is clear. If the applicant would
be released on bail, she may pressurize the witnesses and tamper
with the prosecution evidence.
The ruling on which applicant
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Cri.B.A.No.826/22OrderEx.1.
rely, is in respect of full and final Judgment in the case in respect
of charg under Section 306 of the Indian Penal Code. Therefore,
with due respect, it is to be mentioned that the facts in the
Judgment and facts in the case in hand alongwith the
consideration at this stage are different. Therefore, it would not
be applicable to this matter.
Considering all these aspects, this
Court is of the view that the application filed by the applicant
being devoid of merit, deserves to be rejected. Hence, the order.
Order
1/
Application (Exh.1) stands rejected.
2/
Inform Investigating Officer accordingly.
Nashik.
Date : 02.07.2022.
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.