Dnyaneshwar Damu Jadhav and Anr Vs State of Maharashtra Nashik Sessions Court Bail Application 402 of 2022

1 Order Below Exh.1 in Cri.B.Appln.No.402/2022 CNR No. MHNS010014022022

Dnyaneshwar Damu Jadhav & another Vs. State.

Heard:
Ld.Adv. Mr. S. S. Shinde for the applicants.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under Section 438 of the Code of Criminal Procedure, 1973 in Crime No.54/2022 registered at Police Station, Ghoti, Dist. Nashik for the offences punishable under Sections 353, 354, 323, 332, 504 & 506 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused/applicants (husband and wife) caused obstruction in the work of the complainant (a Gramsevika) and also abused and molested her.

2.Ld. Adv. for the applicants has submitted that the FIR is blatantly false. The applicants had gone to the complainant to enquire as to why their name was deleted from the Gharkul Yojana. However, she over­reacted and lodged the FIR. It is unbelievable by any stretch of imagination that a woman would molest another woman or that a husband would molest another woman in the presence of his wife, that too in the presence of other public servants. The FIR is exaggerated. Applicants are ready to abide by the terms and conditions imposed by the Court. Nothing needs to be recovered from them. Custodial interrogation of the applicants is not necessary in the facts of the case.

3.Per contra Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicants is necessary.

4.Perusal of the material on record indicates that no recovery needs to be made from the applicants and that their custodial interrogation does not appear to be necessary. Applicants are ready to abide by the terms and conditions imposed by the court.

In view of the foregoing discussion, I am inclined to allow the application subject to the following terms and conditions.

ORDER

1) Application is allowed.

2) In the event of arrest of applicants Dnyaneshwar Damu Jadhav & Shaila Dnyaneshwar Jadhav, they be released on bail by executing P.R. and S.B. of ₹ 15,000/­ with one local surety of like amount.

3) Applicants shall attend the concerned Police Station as and when called by the Investigating Officer.

4) Applicants shall co­operate in the investigation and shall not tamper with the prosecution witnesses.

5) Applicants shall not commit any offence.

(Dictated and pronounced in open Court)

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.11 12:28:34 +0530 Nashik Mridula Bhatia 11/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.