1 Cri.B.A.No.1099/22­Ex.1. Order below Exh.1 in Bail Application No. 1099/2022

Mahesh Dattatray Shinde .. Applicants / Accused.

Vs.

The State of Maharashtra through Police Inspector, Wavi Police Station, Wavi. (Cr. No.I 166/2022)
.. Prosecution

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 Wavi Police Station, for the offence punishable under section 304­B, 498­A, 323, 504, 506 r/w. 34 of the Indian Penal Code.

2.Heard Mr. P.R.Kalantri, learned Advocate for applicants, Perused the say filed by IO and also perused the papers.

3.It is the case of the prosecution that the applicant being the husband of the deceased­Vaishali, illtreated and harassed her for unlawful demand and thereby abated the commission of suicide by Vaishali / caused dowry death.

4.Learned Advocate for the applicant submitted that the applicant was arrested on the basis of suspect. Marriage of the applicant and the deceased was performed on 19.03.2020. Report of the incident is lodged by the applicant himself. He has mentioned that on 31.07.2022, Vaishali went out of the house at about 10.20 pm and did not return. They took search of her but she was not found.

Next day, her dead­body was found in the canal water near Nandurmadhmeshwar, Shirdi Road. It is further submitted that after the marriage neither deceased nor her relatives has lodged any complaint against the applicant and his relatives. Thus, learned Advocate for the applicant submitted that there is no concern of the applicant with the alleged offence.

5.Howsoever it may be, it reveals from record that applicant came to be arrested on 03.08.2022. There is no any recovery or discovery as such remains from the applicant. Investigation is complete and charge­sheet is filed in the Court. Other accused are already released on bail. Therefore, on the ground of parity also, applicant is entitled to be released on bail. According to ld. Advocate for the applicant, the applicant has no criminal antecedents. He is a local resident and is ready to abide any conditions on grant of bail.

Considering all these aspects,this Court is of view that applicant can be released on bail by imposing certain conditions. Hence the order.

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

2] Applicant­Accused Mahesh Dattatray Shinde arrested in C.R. No. 166/2022 for the offences punishable under Section 304­B, 498­A, 323, 504, 506 r/w. 34 of the I.P.C. registered with Wavi Police Station, Wavi, Tal. Sinnar, be released on bail in the sum of Rs.15,000/­(Rupees Fifteen Thousand only) with a surety in the like amount subject to following conditions :a] That he shall not tamper with the prosecution evidence in any manner.

b] Applicant is directed to furnish his permanent address proof, mobile number.

Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.09.16 Nashik. (Aditee U. Kadam 17:33:52 -0600 ) Date : 16.09.2022. Additional Sessions Judge­2, Nashik.