1
Cri.BailAppln.No.763/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.763/ 2022
1/­
Kishor Manohar Bhoye & 1
.. Applicants
Accused.

Vs.

The State of Maharashtra
through PI Peth Police St., Peth.
Nashik. (Cr. No. I 89/2022)
.. Respondent.

Order below Exh. 1
1.

The applicant/accused Kishor Manohar Bhoye and
Santosh Yeshwant Warde claims bail in C.R. No. I­89/2022 for
the offences punishable under Sections 306, 305 r/w. 34 of the
Indian Penal Code registered with Peth Police Station, Nashik.

2.

Heard Learned Advocate Shri S.J.Deshpande, for the
applicant and learned A.P.P. Smt. Sangale for the State.
Perused the papers of investigation.

3.

It is the case of the prosecution that applicants
instigated and abetted the commission of suicide by minor
victim.
4.

On perusal of record, it reveals that the minor victim
has committed suicide by consuming poisonous substance.

She
2
Cri.BailAppln.No.763/22­Ex.1
has consumed poisonous substance in between 06.06.2022 to
07.06.2022.

She is expired on 07.06.2022 when she was
admitted in hospital and undergoing treatment. Report came to
be lodged on 08.06.2022.

When enquired with the IO, he has
clarified that there is no any dying declaration recorded of the
deceased.

Medical papers are not produced on record.

In the
report, it is mentioned that the deceased told her mother that
accused insisted and pressurized her to perform marriage with
them.

5.

Therefore, she has committed suicide.

There is no any previous complaint lodged by the
informant or the deceased against any of the applicants.
the applicants are young person.
family members.

Both
Victim was residing with her
She has support of them.

There is no any
other prima facie evidence to show that applicants abetted or
instigated the commission of suicide by the victim.
6.

It reveals from record that applicants came to be
arrested on 13.06.2022. Considering the allegations in the report
and the investigation papers on record, it becomes clear that
there is no any recovery or discovery as such from the applicants.
Physical custody of the applicants is thus no more required.
According to ld. Advocate for the applicants, the applicants have
no criminal antecedents.

They are local resident and are ready
to abide any conditions on grant of bail.

Considering all these
aspects, this Court is of the view that applicants can be released
3
Cri.BailAppln.No.763/22­Ex.1
on bail by imposing certain conditions. Hence the order.

:: O R D E R ::
1]
The application is allowed.

2]
Applicant­Accused Kishor Manohar Bhoye
and Santosh Yeshwant Warde arrested in
C.R. No. I­89/2022 for the offences
punishable under Section 306 & 305 r/w. 34
of the I.P.C. registered with Peth Police
Station, Peth be released on bail in the sum
of Rs.15,000/­(Rupees Fifteen Thousand only)
each with a sureties in the like amount
subject to following conditions :­
a] That they shall not tamper with
prosecution evidence in any manner.

the
b] Applicants are directed to furnish his
permanent address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 23.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.24
10:42:58 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

4
Cri.BailAppln.No.763/22­Ex.1