1. Cri.B.A.No.423/22OrderEx.1 Order below Exh.1 in Criminal Bail Application No. 423/2022
1/ Gokul Tongal Sonawane,
2/ Kalyani Gokul Sonawane,
3/ Nirmala Gokul Sonawane. . Applicants / Accused
Vs.
The State of Maharashtra through Police Inspector, Deola Police Station, Deola. (Cr. No.I 59/2022)
.. Prosecution Order below Exh.1.
1.This bail application is filed by the applicants/accused under section 439 of Cr.P.C. for releasing them on regular bail in the aforesaid Crime registered at Deola Police Station, Deola, Dist. Nashik, for the offence punishable under sections 302, 307, 143, 147, 149 of the Indian Penal Code.
2.According to the prosecution, the FIR was lodged by the complainant Gorakh Kashinath Bachhav on 11.02.2022 alleging therein that he was in love with one Kalyani Tongal for almost seven years. But her parents and relatives were against the said relationship and so they have fixed her engagement with another boy but unfortunately, her engagement was called off as groom’s relatives came to know about her relationship with the complainant. Her relatives got annoyed and suspected the involvement of the
complainant in breaking her engagement.
The incident took place on the date of report itself around 01.30 pm 01.45 pm. The complainant was standing in front of the Shop OmSai located at Lohaner, Tal. Deola. The accused No.1 and 2
who are relatives of Kalyani gave of blow of Iron rod and Pipe on the head of the complainant. The accused No.5 Nirmala poured kerosene on his person and accused No.4 Kalyani herself threw the matchstick on his person. The complainant sustained burn injuries. He was taken to the Hospital. On the same day, police were informed and statement of the complainant was recorded by the Police. Based on his information, crime was registered against the applicants and coaccused at Deola Police Station and they were arrested on 11.02.2022 and since then, they are in judicial custody. During treatment, he succumbed to the injuries.
3.The learned counsel Mr. A.G.Patil appearing for the applicants/accused has argued that the applicants are innocent and has not committed any offence. They have been falsely implicated in the case. The deceased and applicants were relatives and so there was no obstruction in their marriage. But the complainant, now deceased was in possession of certain obscene pics of Kalyani and so he was avoiding to marry her. Kalyani and her relatives ( accused) came to know that deceased was not interested in marrying Kalyani and so they started looking for another boy for Kalyani. Her marriage was fixed. Deceased came to know about fixation of her marriage.
Deceased threatened them that neither he will marry with her nor allow her to marry with anyone. He sent her pics to her proposed groom’s house. The marriage was called off. Despite they never held deceased responsible for the same. Though there was quarrel between them and during the quarrel, the deceased set himself on fire only to scare the accused persons. The applicants did not commit any offence.
The learned counsel further says that their custodial interrogation is already over. Nothing remains to be seized from them. They have cooperated with the investigating machinery and now, their further detention is not required. Hence, prayed for releasing the applicants on bail.
4.The Investigating Officer has strongly opposed the application by filing say vide Exh.4 on the ground that the offence is serious in nature. They have formed unlawful assembly with the common object of killing the complainant now deceased. They were armed with deadly weapons such as Iron Pipe and rod. They also brought Kerosene Can and poured on his and set him on fire. If applicants are released on bail, there is every possibility that they may tamper the witnesses and would not obey the terms and conditions. The investigation is in progress. Hence, prayed for rejection of the bail.
The ld. APP Smt. R.Y.Jadhav has strongly opposed the application on the ground that complainant has given statement to the Police specifically naming the accused persons and as he died, it has become his dying declaration. There are eyewitnesses to the incident. The investigation is still in progress. Thus, if they are released on bail, they may pressurize the witnesses and may tamper with evidence. Hence, prayed for rejection of the application.
5.After hearing both the sides and on perusal of the casediary, prima facie, it appears that the allegation against the applicants is that they have formed unlawful assembly with an object to kill the deceased. The mode of execution of the offence is brutal. He was beaten up before being set on fire. The deceased received 78% burn injuries and he died after two days during treatment. Police recorded his statement and he has specifically named all the accused and their role. Considering the nature of offence, the manner in which it was committed and as the investigation is in progress, I am not inclined to grant the application. Hence, following order.
O r d e r
Application stands rejected.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.04.13 13:50:050 600 – ( Smt. S.S. Nair ) Date : 12.04.2022. Addl. Sessions Judge4, Nashik.