CNR No. MHNS010012652022

Order below Exh. 1 in, Cri. Bail Application No. 376/2022

( Mrs. Lata Sunil Bhise @ Lata Kacharu Gunjal(applicant / accused 1) & Mrs.Jijabai Kacharu Bhise (applicant / accused 2) Vs. State )

This is an application,for pre­arrest bail u/s. 438 of the Cr.P.C. in Crime No.46 of 2022 registered with Gangapur Police Station, Nashik u/ss. 307,323, 504,506,497 & 109 r/w.34 of The Indian Penal Code(IPC).

2.The learned counsel Mr.J.S. Shaikh for the applicant submits that, applicants are innocent persons and they have been falsely implicated. Applicants are ready to abide by any of the terms and conditions to be imposed by this Court .

3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.6) adopted say filed by I.O (Exh.5.) and strongly objected this application. I.O. present alongwith case dairy.

4.It is the case of prosecution that, accused 1 wife of informant had illicit relations with one Sanjaykumar Pandharinath Patil. Despite objection of the informant, accused 1 continued the same, threatened, abused and cheated the informant. Accused in collusion with each other in order to grab the property of the informant, attempted to kill parent of informant by giving poison.

Accused 1 left suicide note, stating therein to commit suicide by consuming poison but upon inquiry by informant she sated that she did not consume any poison. On telephone, accused 1 asked her mother accused 2 to send poison to give it to the informant and threatened him. Thereafter, by order dated 05.02.2021, learned Additional Chief Judicial Magistrate passed an order u/s. 156(3) of the Cr.P.Code, in respect of incident allegedly occurred on 24.05.2020 and thereafter.

5.This application is strongly objected by learned A.P.P. on the grounds that, investigation is incomplete, statements of the witnesses are to be recorded,applicants may tamper or hamper prosecution witnesses and evidence. Considering the nature of the offence and circumstance of the case respecting husband and wife, custodial interrogation is not necessary and attendance may suffice the purpose. Offence is not punishable with death or life imprisonment conjunctively. Consequently, by imposing conditions, investigation can be carried out. Thus,apprehension in the mind of applicants of being harassed, manhandled, and arrested seems to be reasonable,warranting pre­arrest protection.

In the result, I pass the following order.

ORDER

1. This application stands allowed.

2.In the event of arrest in Crime No.46 of 2022 registered with Gangapur Police Station, Nashik u/ss. 307,323, 504,506,497 & 109 r/w.34 of The Indian Penal Code(IPC), the police Inspector of the concerned police station shall release Mrs. Lata Sunil Bhise @Lata Kacharu Gunjal(applicant/accused 1) & Mrs.Jijabai Kacharu Bhise (applicant/accused 2) on bail on executing personal bond of Rs.15,000/­ with one surety in the like amount,each.

3.

The applicants shall not leave India without prior permission of the Court.

4.

The applicants shall not tamper with the prosecution witnesses.

5.

The applicants shall attend the police station on each Monday for one month in between 11.00 a.m. to 1.00 p.m., or as and when called by I.O. under prior written intimation.

( S.T. Tripathi)
Date :28.03.2022.

Additional Sessions Judge­7,
Nashik.