..1.. Cri.B.Appl. 451 of 2022 (Or.Exh.1) Order Below Exh.1 in Cri. Bail Appln.No.451/2022
CNR No.MHNS010016702022

Ganesh Pandurang Jadhav Vs. State.

Heard:

Ld. Adv. Mr. G. L. Bodke for the applicant/ accused.

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

1.This is an application under section 439 of the Code of Criminal Procedure in Crime No.27/2022 registered at Peth Police Station, Dist. Nashik for the offence under sections 498­A, 306, 323, 504 & 506 of the Indian Penal Code. It is the case of prosecution in brief that the accused/applicant (husband of the deceased) inflicted physical and mental cruelty on her due to which she committed suicide. Soon after marriage, the victim discovered that the applicant had love­affairs with other women and she also saw his obscene videos with other girls on his mobile phone. Instead of feeling apologetic, he physically and verbally abused her. Therefore, her family members met with the applicant and his family members when he agreed to treat the applicant properly. However, even thereafter the applicant continued to ill­treat her and again a family meeting of both the sides was held in the presence of village panchas. The applicant again promised to treat the victim well, but failed and neglected to do so. The victim was therefore constrained to leave her matrimonial home and eventually committed suicide at her parents’ house.

2.Ld. Adv. for the applicant has submitted that the victim committed suicide at her parents’ house almost 11 months after she left the house of the applicant. The victim was suffering from epilepsy and depression and she committed suicide because of her own reasons. There is no abetment of victim’s suicide by the applicant. Material part of the investigation is over and charge­sheet is about to be filed.

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. A suicide note has been recovered from the spot naming the accused/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. Offence is not punishable by life imprisonment/death.

No purpose will therefore be served by keeping the applicant behind bars. 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 Ganesh Pandurang Jadhav 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 witnesses 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 open Court) Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.21 18:59:52 +0530 Nashik Mridula Bhatia 21/04/2022 District Judge­2 and Addl.Sessions Judge, Nashik.