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Order Below Exh.1 in Cri.Bail Appln.No.512/2022
CNRNo.MHNS010020062022
Khushal Bapu Chakor Vs. State.
Heard:
1.
Ld.Adv. Mr. A.K. Kale for the applicant.
Ld. APP Ms. S. S. Sangle for the State.
I. O. present along with the case diary.
This is an application for bail under Section 439 of the
Code of Criminal Procedure in Crime No.81/2022 registered at Police
station Wavi, Dist. Nashik for the offence punishable under Sections
302, 307 and 498A r/w Sec. 34 of the IPC. It is the case of the
prosecution in brief that the accused No. 1 is the husband of the
complainant and is a police constable. He had been inflicting physical
and mental cruelty on the complainant since the past few months. On
the date of the incident, he went to the complainant’s maternal home
and picked a quarrel with her. He also held her by her hair and
assaulted her with a knife on her thighs. When she raised a hue and
cry, her parents came to the spot when the accused No. 1 assaulted
both of them with a knife. He thus inflicted injuries on all three of
them and fled. Subsequently, the complainant’s father succumbed to
the injuries. Applicant herein is accused No. 6.
2.
Learned advocate for the applicant has submitted that the
applicant has been wrongly arraigned in the said offence. Neither his
name nor his role has been mentioned in the FIR. The applicant is, in
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fact, an OLA driver and has no role to play in the said offence. The
applicant had gone to the complainant’s parental home in his cab and
returned in his cab. Save and except the same, he is not linked to the
offence in any way. In fact, he himself went to the police station
(after the complainant’s father died) and came to be arrested.
Applicant is unnecessarily behind bars. He is a permanent resident of
Nashik district and is ready to abide by the terms and conditions
imposed by the court.
3.
Per contra, Ld. APP has opposed the bail application on
the ground that the offence is serious in nature. Investigation is in
progress and chargesheet is yet to be filed. If the applicant is released
on bail, there is possibility of his tampering with prosecution
witnesses.
4.
Perusal of the case diary and the FIR clearly indicates that
neither the name nor the role of the applicant has been set out in the
FIR. The only role of the applicant was to take accused No. 1 in his
cab to the complainant’s parental house and to take him to Shirdi
from there. The I. O.’s contention that the applicant witnessed the
incident and deliberately suppressed the information and also helped
the accused No. 1 flee to Shirdi is not supported by the allegations in
the FIR. I. O. has not disputed that the applicant is an OLA driver. 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.
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ORDER
1]
The application is hereby allowed.
2]
The applicant Khushal Bapu Chakor, he be released on
bail by executing P.R. and S.B. of ₹30,000/ with one
or two local sureties of like amount.
3]
The 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 evidence
in any manner.
4]
The applicant shall not commit any offence.
5]
The applicant is duty bound to inform the I.O. and the
court about his change of address, if any.
6]
The applicant shall furnish residence and ID proof of two
blood relatives to the I.O.
MRIDULA
BHATIA
Nashik
28/04/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.04.29
11:19:59
+0530
M. V. Bhatia
District Judge2 and Addl.
Sessions Judge, Nashik.