Order Below Exh.1 in Cri.Bail Appln.No.13/2022 CNR No.MHNS010000382021

Arun Bhikaji Dhakne Vs. State of Maharashtra

Heard:
Ld. Adv. Mr. R. D. Avhad for the applicants/ accused
Ld. A.P.P. Smt. S. S. Sangle for the State.

1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.0614/2021 registered at Police station, Dindori, Nashik Gramin, Dist­Nashik for the offence punishable under sections 306, 498­A, 323, 504 r/w Sec. 34 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused persons (husband and in­laws of the deceased) inflicted cruelty on the victim due to which she committed suicide. It is alleged that the accused persons used to ask to victim to get ₹2,00,000/­ to purchase a Tractor. The applicant/accused No. 1 is the husband of the victim.

2.Ld. Adv. for the applicant has submitted that it is the own case of the prosecution that the victim was married to accused No. 1 since the past 20 years and that they both have grown­ up children. The allegation that the accused No. 1 used to ask the victim to bring ₹2,00,000/­ to purchase a new tractor is preposterous to say the least, in as much as there are FDs to the tune of ₹6,00,000/­ and ₹5,00,000/­ respectively in the name of the deceased as well as accused No. 1. Photocopies of the said FDs have been annexed to the bail application. It is pertinent to note that in another para of the FIR it is mentioned that accused No. 1 had purchased a New tractor. Therefore, the allegations in the FIR are inconsistent and contradictory.

Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the court.

3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is prima­facie case against the applicant. If he is released on bail, there are chances of his tampering with prosecution witnesses.

4.Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the Court. No purpose will therefore be served by keeping the applicant behind bars amidst the ongoing pandemic. In view thereof, I am inclined to allow the application subject to the following terms and conditions.

ORDER
1] Application is hereby allowed.

2] Applicant Arun Bhikaji Dhakne be released on bail by executing P.R. and S.B. of 30,000/­ with one or two local sureties of like amount.

3] Applicant 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] Applicant shall not commit any offence and shall attend all dates of hearing after filing of charge­sheet.

5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.

6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.

(Dictated and pronounced in the open Court)

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.01.13 13:00:28 +0530 Nashik Mridula Bhatia 12/01/2022 District Judge­2 and Addl. Sessions Judge, Nashik.

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