CNR No. MHNS010014262022
Order below Exh. 1 in, Cri. Bail Application No. 472/2022
( Arun @ Dnyaneshwar Ramchandra Bodhale applicant/accused Vs. State )
This is an application for prearrest bail u/s. 438 of Cr.P.C. in C.R.No. 62/2022 registered with Adgaon police station, Nashik u/s. 306,323,504,506 R/w.34 of Indian Penal Code(for short “IPC”).
2.Learned counsel Mr. U.R. Walzade for the applicant submits that, he is innocent person and has been falsely implicated. He is ready to abide by any of the terms and conditions to be imposed by this Court. He has got fixed and permanent place of residence and undertakes to cooperate investigation.
3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.7) adopted say filed by I.O (Exh.6) and strongly objected this application. I.O. is present alongwith police case papers.
4. Perused record. It is the case of prosecution that, deceased had taken loan of Rs. 2,40,000/ 7 to 8 months ago on interest basis. On 16.03.2022,applicant allegedly pressurized deceased to repay
the loan amount due to which he allegedly committed suicide on 21.03.2022 and FIR has been registered on 22.03.2022 by Pranali Raundal. One of the accused Arun Bodhale has been arrested
on 22.03.2022 and at present he has been remanded in judicial custody. This matter is pertaining to monetary transactions.
5. Learned A.P.P opposed this application on the grounds that, offence is serious, accused has been named in the FIR, investigation is incomplete, which is to be carried out as to when and what amount was given on interest by the accused and other monetary transaction of money lending of the accused, mobile having conversation of deceased with the applicant is to be recovered and voice sample is yet to be taken. Considering the facts and circumstances of the case, money was lent by the accused to
the deceased on interest basis. For investigation on above grounds custodial interrogation is not necessary.
6.One of the accused Chandresh Tokarasi Lodaya has been released on perararest bail on 04.04.2022 vide Cri. Bail Application No. 404/2022 and another accused Vijay @ Sunil Vishnu Lahamge has been released on regular bail vide Cr. Bail Application No. 464 of 2022 on 11.04.2022. This matter is pertaining
to monetary transactions. In the circumstances, b y imposing conditions, investigation can be carried out. Offences alleged are not punishable with death or life imprisonment. As, above Crime Number has been registered, the apprehension in the mind of applicant of being harassed, man handled, arrested seems to be reasonable, warranting prearrest protection. Hence, the order.
ORDER
1. This application stands allowed.
2.Interim order dated 11.04.2022 passed below Exh.4 stands confirmed.
3. The applicant shall attend the police station on each Monday for one month in between 11.00 a.m. to 1.00 p.m. or as and when called by I.O. under prior written intimation or till filing of charge sheet, whichever is earlier.
Date :18.04.2022. ( S.T. Tripathi) Additional Sessions Judge 7, Nashik.