CNR
MHNS010037672022
Order below Exh.1
in Cri. Bail Application No.921/2022.
( Gangaram Bhagaji Tokde Vs State)
This is second bail application moved by the applicant­
accused Gangaram Bhagaji Tokde under section 439 of the Criminal
Procedure Code for grant of bail in connection with CR No. 87/2022
registered with Ghoti Police Station, Tal. Igatpuri, Dist. Nashik for the
offence under section 306, 323, 504,506 r/w sec. 34 of the Indian
Penal Code on 22.6.2022 in respect of alleged incident of suicidal
death of victim Govind Bhiva Wagh.
2.

It is stated in the application that the applicant­accused is
resident of Deole, Tal. Igatpuri, Dist. Nashik and is having his brick
business. The deceased Govind and his wife Fulabai were working as
labour and on 6.5.2022 deceased Govind committed suicide for
unknown reason. The applicant­accused was arrested on 23.6.2022
and was produced before the learned JMFC, Igatpuri on 24.6.2022 and
since then he is in Judicial custody. Hence, the present bail application
is moved stating that he has not committed the offence as alleged. He
has been falsely implicated in present crime. He is local resident and
his antecedents are clean. He has landed property within the
jurisdiction at Deole, Tal. Igatpuri, Dist.Nashik. He will not misused the
liberty granted to him. Previous bail application No.824/2022 was
rejected by this court on the ground that investigation is in progress.
Now the most of the investigation is completed. He is ready to abide
the conditions that may be laid down by this Court, these and other
grounds set in the application, he prayed for bail.
3.

The prosecution objected the bail application.

I.O. has
..2..

filed her report and submitted the relevant papers of the investigation
done till this date.
4.

Heard, both the parties. Perused record.

5.

On perusal of the record it appears that Bhiva Ganu Wagh
resident of Adhrwad, Tal. Igatpuri, Dist. Nashik lodged FIR against the
applicant­accused and one another lady by name Fulabai Govind Wagh
alleging that his son deceased Govind Bhiva Wagh committed suicide
due to the harassment and assault and beating by the accused. It is also
stated that the accused No.2 Fulabai is the wife of deceased Govind
and daughter­in­law of first informant. It is also alleged that the
present applicant­accused and accused No.2 Fulabai have their illicit
relationship and out of this relationship they had beaten the deceased
and were torturing him. Deceased himself had narrated fact of this
illicit relationship and harassment by the accused to this first
informant, when he was alive and the deceased has committed suicide
due to the instigation on the part of the accused and therefore police
have registered the crime against both the accused.
6.

I have perused the investigation papers done so far. The
witnesses are stating that the applicant­accused and accused No.2
Fulabai had illicit relationship and therefore, they were torturing the
deceased. The applicant­accused is brick factory owner and is an
influential position comparing to the deceased and his relatives, who
are poor labourer and the deceased was working since last 7 to 8 years
with the applicant­accused. The matter appears to be reported to the
police by the applicant­accused himself and at that time Accidental
Death bearing No. 34/2022 was registered and subsequently FIR was
registered against the applicant­accused and the wife of deceased.

Cri. Bail Application No.921/2022.
..3..

7.

The another co­accused Fulabai Govind Wagh is absconded
since the incident. She is the wife of the deceased and allegedly
indulged in illicit relationship with the applicant­accused. The accused
is an influential person and may pressurized the prosecution witnesses
who are poor labourer and therefore, it would not be proper to release
the applicant­accused at this delicate stage. There is no change in
circumstances since the previous bail application. The learned counsel
Shri. Kasliwal submitted that even if admitted for the sake of argument
that the accused had an illicit relationship with the wife of deceased
and that does not connect the applicant­accused with the present
crime, even if the suicide had been committed by the deceased when
he learnt about the said illicit relationship. The basic ingredient of
section 306 r/w 107 of IPC is that the accused must have induced /
instigated the deceased to commit the suicide. However, in the case in
hand the facts are in addition to the illicit relationship are that the
applicant­accused and absconding accused Fulabai the wife of
deceased had beaten the deceased Govind and therefore, considering
the other situation and the fact that investigation is in progress and
there is no change in circumstances to file present bail application,
present bail application is liable to be rejected. Hence, following order.
ORDER
1.

Bail Application bearing No. 921/2022 is hereby rejected.

2.

Inform to the concern police station accordingly.

SHINDE
MADHAV A
Date­08.08.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.08.08
14:24:59 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.