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Cri.B.A.No.846/22OrderEx.1.
Order below Exh.1 in Bail Application No. 846/2022
1/
Jijabai Bhausaheb More & Ors.
..
Applicants/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Deola Police Station, Deola.
(Cr. No.I 167/2022)
Order below Exh.1.
1.
This application has been filed by the applicants/accused
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 Deola
Police Station, for the offence punishable under section 306, 498A,
323, 406, 504, 506 r/w. 34 of the Indian Penal Code and prayed for
interim protection.
2.
Heard Learned Advocate L.R.Nikam, for the applicant and
learned A.P.P. Smt. Jadhav for the State. The informant has also
filed say vide Exh.10. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicants being
inlaws of the informant, have illtreated and harassed her for
unlawful demand.
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4.
Cri.B.A.No.846/22OrderEx.1.
Learned Advocate for the applicants pointed out that the
deceased was residing separately from her husband and inlaws since
24.10.2020.
Thereafter, litigations were going on between deceased
Rupali and her husband. The matter was settled in Marriage Petition
No.536/2020.
record.
Copies of the relevant documents are produced on
Deceased has specifically mentioned that she was required
medication.
In the undertaking given by the husband of deceased,
deceased Rupali has mentioned that she would not commit any bad
with her life.
Such undertaking on the part of deceased Rupali
reflects something doubtful as to her mental status or physical
ailment. Howsoever it may be, the allegations in the report against
the applicants are for the period of 30.04.2016 to 24.10.2020.
There
are no specific allegations against any of the applicants. Thus, prima
facie involvement of the applicants in the alleged offence is found to be
in cloud. On these amongst grounds, interim bail was granted to the
applicant on 04.07.2022. Now, say is filed by the IO and the formal
objections are raised.
Applicants have produced some documents
which includes medical treatment papers of the deceased.
The said
papers reflect that the deceased was undergoing treatment for
depression.
These documents prima facie support the case of
applicants.
5.
As per the contention of ld. Advocate, the applicant has no
criminal antecedents. She is local resident and she is ready to abide
any conditions imposed upon her.
Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
granted to applicant. Hence, the order.
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Cri.B.A.No.846/22OrderEx.1.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicants on
04.07.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 12.07.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.12
17:17:03 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.