1
Cri.B.A.No.1327/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.1327/ 2022
1/­
Dipak Gorakshnath Jondhale
& Ors.3.

.. Applicants
Accused.

Vs.

The State of Maharashtra
through PI Dindori Police St.
Dindori. (Cr. No. 352/2022)
.. Respondent.

Order below Exh. 1
1.

This application has been filed by the applicants/accused
Dipak Gorakshnath Jondhale, Nirmala Gorakshnath Jondhale,
Gorakshnath Karbhari Jondhale & Sandeep Gorakshnath
Jondhale under section 438 of Cr.P.C. for releasing them on
anticipatory bail in the event of their arrest in the aforesaid Crime
registered at Dindori Police Station, Dindori for the offence punishable
under section 377, 498­A, 406, 323, 504, 506 r/w. 34 of the Indian
Penal Code and accordingly interim protection was granted to
applicants on 25.10.2022.
2.

Heard Learned Advocate Shri M.Y.Kale, for the applicants
and learned A.P.P. Shri Kotwal for the State. IO is also present.
Perused the case papers.

The informant is appeared through
Advocate. Perused the say filed by informant at Exh.11.
3.

It is the case of the prosecution that the applicants being
husband and in­laws of informant, have illtreated her for unlawful
demand and that the applicant No.1 being husband committed
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Cri.B.A.No.1327/22­Ex.1
unnatural sex upon her.
4.

On perusal of record, it reveal that the applicant No.1 and
informant got married on 21.04.2022.

Their engagement was
performed on 21.02.2022 and admittedly informant is residing at her
maternal home since 14.06.2022. Learned Advocate for the applicants
produced bunch of documents reflecting Whats­App chat between
applicant No.1 and informant.

The said Whats­App chat is since
February 2022 till 14.06.2022. Allegations in the report are since the
next day of her marriage i.e. 22.04.2022. It is brought to the notice of
Court that during the period of cohabitation, informant was on visiting
terms of her maternal home and she was not under the pressure of
applicants family.

In such background and the conversation i.e.

Whats­App chat produced on record, which reflects normal romantic
conversation between the couple, allegations in the report are prima
facie found to be doubtful. It is pertinent to note that even on the last
date of her cohabitation i.e. 14.06.2022, dispute arose between the
couple on the ground that informant left her matrimonial house
without giving intimation either to her in­laws or to her husband.
There are no any allegations or complaint reflects from the
conversation as to illtreatment or demand.

On the contrary, it
appears that newly wedded couple was quiet happy with each other.
On last occasion also, informant messaged her husband whether he is
coming to pickup her ? Thus the dispute between parties prima facie
appears to be purely marital in nature.
5.

It appears from the say filed by the investigating officer
that the applicants cooperated the investigation.

There is no any
substantial reason quoted in the say filed by the IO to resist the
application.

Learned Advocate for the applicants submitted that
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Cri.B.A.No.1327/22­Ex.1
applicants have no criminal antecedents and they are local residents.
Applicants are ready to abide any conditions on grant of interim relief.
Therefore, considering all these aspects, this Court is of the view that
interim relief granted to applicants can be confirmed. Hence, the
order.
:: O R D E R ::
1]
The application (Exh.1) is allowed.

2]
Interim protection granted to applicants stands
confirmed subject to same terms and conditions.
ADITEE
UDAY
KADAM
Nashik.
Date : 09.11.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.11.10
11:17:50 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.