1
Cri.B.A.No.750/22OrderEx.1.
Order below Exh.1 in Bail Application No. 750/2022
Mahesh Narayan Jadhav
..
Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Mumbai Naka Police Station, Nashik.
(Cr. No.I 150/2022)
..
Prosecution
Order below Exh.1.
1.
This application has been filed by the applicant/accused
under section 438 of Cr.P.C. for releasing him on anticipatory bail
in the event of his arrest in the aforesaid Crime registered at Mumbai
Naka Police Station, for the offence punishable under sections 498A,
377, 323, 504, 506 of the Indian Penal Code and accordingly, interim
protection was granted to applicant on 15.06.2022.
2.
Heard Learned Advocate Shri S.V.Bhate, for the
applicant and learned A.P.P. Shri Nikam for the State. IO is also
present. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicant being
husband of the informant, have illtreated and harassed her to satisfy
his lust and committed unnatural sexual intercourse with her.
4.
On perusal of record, it reveals that the informant and
applicant got married on 21.12.2004. There are allegations against
the applicant since the date of marriage.
Ld. Advocate for the
applicant submitted that there is no any previous complaint by the
informant against the applicant.
It is further pointed out that the
applicant’s family is financially sound. Copies of relating documents
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to that effect are produced on record.
Cri.B.A.No.750/22OrderEx.1.
It is also pointed out that the
divorce petition is filed by the informant against the applicant and
case under DV Act is also filed. There are no allegations of unnatural
sex in those petitions. As such, it is submitted that the applicant has
not committed any offence. Considering all these documents and the
contentions putforth by the applicant, it appears that dispute
between the parties is purely marital one.
On these amongst
grounds, interim bail was granted to the applicant on 15.06.2022.
Now, say is filed by the IO and the formal objections are raised.
It
appears that the applicant cooperated the investigation.
5.
As per the contention of ld. Advocate, the applicant has no
criminal antecedents. He is a local resident and he is ready to abide
any conditions imposed upon him. Therefore, considering all these
aspects, this Court is of the view to confirm the interim protection
granted to applicant. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
The interim protection granted to applicant on
15.06.2022
stands
confirmed
subject
to
conditions therein.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 25.06.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.27
18:05:43 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.