Cri. Bail Application No. 1686 / 2020
Kunal @ Sankesh Vilas Gaikwad .. Applicant/ Accused.
Vs.
The State of Maharashtra through Sr. P.I. Panchavati P.Stn. Nashik. (Cr. No. I 563/2020) .. Respondent.
Order below Exh.1
1.This application has been filed by the applicant/accused under section 439 of Cr.P.C. for releasing him on regular bail in the aforesaid Crime registered at Panchavati Police Station for the offences punishable under section 498A, 306, 323, 504 & 506 r.w.sec. 34 of the Indian Penal Code.
2.According to the prosecution case, the FIR was lodged by the father of the deceased on 22.10.2020 alleging therein that his daughter Bina @ Priya was married to applicant Kunal @ Sankesh Vilas Gaikwad on 24.04.2014 at Chopda Lawns, Gangapur Road, Nashik as per the customs prevailing in his community. In the marriage, he had given 10 tolas Gold to his daughter and son in law. After marriage, she was treated well for the period of six months. Thereafter, his soninlaw started harassing his daughter by making demand of Rs.50,000/ for flower business. He was unable to arrange funds but his daughter gave him the said amount.
Despite giving the amount, he continued to illtreat her mentally and physically. It is further alleged that his daughter and soninlaw started residing separately in the Flat situated at Panchavati, Nashik for almost 3 years. They continued to illtreat her on trifle grounds. They made her life miserable. She was abused and beaten by them. They also started taunting her by saying that they were not honoured properly in the marriage. She was fed up with her miseries and informed her pains & sufferings to her
parents. His soninlaw was addicted to liquor and gambling. He was persistently demanding money from her. The complainant and other family members had given understanding to her by saying that everything will be fine in future. But unfortunately there was no change in their behavior. On 21.10.2020, he was informed that his daughter committed suicide by hanging herself. The dead body was taken for post mortem and thereafter, her last rites were performed.
Based on his report, the FIR / Crime was registered against the applicant and coaccused. He was arrested on 22.10.2020 and since then he is in custody.
3.The learned counsel Mr. M.D. Bhanuse appearing for the applicant/accused has submitted the applicant has been implicated falsely in the case. There are no specific allegations against him. He never demanded Rs.50,000/ from her for flower business nor ever harassed her mentally or physically for trifle matters. He further says that his custodial interrogation was already over and his further detention is not warranted.
He has no criminal antecedents. He is ready to cooperate with the investigation and is ready to be subjected to any condition which may be imposed by this Court for releasing him on bail. The learned counsel further says that the other coaccused are already released on bail.
4.The Investigating Officer has filed his Say on record at Exh.5 and strongly opposed the application stating that the offence is serious in nature. The deceased had left behind suicide note specifically naming the applicant. The investigation is in progress. There is every possibility that the applicant may try to tamper the witnesses. Hence, he prays for rejection of the application. The learned APP Smt. Bhide for the State has submitted in line with the Say filed by the Investigating Officer.
5.After hearing both the sides and perusing the case diary, it appears that the deceased has specifically named the applicant in the suicide note responsible for her death as he used to harass her mentally and physically and coerced her to commit suicide. The investigation is still in progress. Hence at this stage, I am not inclined to grant bail to the applicant/accused. Accordingly the application is hereby rejected.
Sandhya Digitally signed by Sandhya Sunil Nair Sunil Nair Date: 2020.12.08 16:09:24 +0530 ( Smt. S.S. Nair ) Date – 07.12.2020 Addl. Sessions Judge2, Nashik.