CNR
No.
MHNS010023832022
Order below Exh. 1 in, Cri. Bail Application No. 610/2022
( Sau. Chhaya Ravindra Gangurde applicant/accused 1 & Tushar
Ravindra Gangurde applicant/accused 2 Vs. State )
This is an application for bail u/s. 439 of Cr.P.C. in C.R.No.
43/2022 registered with Adgaon police station, Nashik u/s. 306,201,176
R/w.34 of Indian Penal Code(for short “IPC”).
2.
Learned counsel Mr. R.D.Tidke for the applicants submits
that, they are mother and son, innocent person and have been falsely
implicated. They are ready to abide by any of the terms and conditions
to be imposed by this Court. Investigation has been completed and
chargesheet has been filed. They have got fixed and permanent place of
residence and undertakes to attend trial on each and every date of
hearing.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5)
adopted say filed by I.O (Exh.4) and strongly objected this application.
I.O. is present alongwith police papers.
4.
Perused record. It is the case of prosecution as per FIR,
that deceased had told informant his brother that, applicant 1 harassed
and forced him to marry and reside with her, due to which he got fed
up. He wanted to marry in her village but she did not allow him to do
the same. He should come and fetch him to his native place or else, he
would commit suicide due to such cruelty and harassment caused by
applicant 1. On 25.02.2022, at about 10.00 p.m., deceased committed
suicide. Neighbour called the owner of the house who told applicant 1
who was known to the deceased to lift him to hospital, upon which,
applicant 1, her son applicant 2 and one Akash/ accused 3 pulled him
down and told to do the same. Applicant 2 and Akash kept deceased in
the middle of the motorcycle. However, instead of taking the deceased
to the hospital, they threw the deceased away at 9 Mile, in the open
place near Adgaon precinct. Applicant 1 is arrested on 28.02.2022 and
applicant 2 arrested on 27.02.2022 and till today, they are in judicial
custody.
5.
Learned A.P.P opposed this application
on the grounds
that, offence is serious, accused has been named in the FIR. Accused
may
abscond and hamper and tamper prosecution witnesses or
evidence. However, they cannot be considered as satisfactory grounds
to deny the bail. Offences alleged are not punishable with death or life
imprisonment. Chargesheet has been filed after completion of
investigation. Role of applicant 2 is that,instead of taking the deceased
to hospital,he left his body on the road and fled away. It appears that,
incident has occurred on account of love affairs in between deceased
and applicant 1. As per FIR, on 22.02.2022, deceased intimated his
brother informant
about the harassment by applicant 1 to perform
marriage with her and incident occurred on 26.02.2022 i.e. after 4 days.
No particular date of harassment at the instance of applicant 1 has been
stated by informant. Investigation has been completed and chargesheet
has been filed. C.A. report is awaited. Accused 3 Akhash has already
been released on bail on 10.05.2022. There is no possibility of
conclusion of trial as it may take some time.
In the circumstances, no
purpose would be served by keeping them behind the bar for indefinite
period. They have got fixed and permanent place of residence. Certain
conditions may suffice the purpose. Consequently, applicants deserve
bail. Hence, the following order.
ORDER
1.
This application stands allowed.
2.
Sau. Chhaya Ravindra Gangurde applicant1(accused 1)
& Tushar Ravindra Gangurde applicant 2(accused 2) shall be
released on bail, in C.R.No. 43/2022 registered with Adgaon
police station, Nashik u/s. 306,201,176 R/w.34 of IPC, on
executing personal bond of Rs.25,000/, with one surety in the
like amount, each.
3.
They shall not leave India without prior permission of the
Court.
4.
They shall not tamper with the prosecution witnesses.
Date :08.06.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.