MHNS010054832020 Order below Exh.1 in Cri. Bail Application No.1842/2020.

1 Malan Trambak Gaikwad
2 Vanita Sanjay Gaikwad

Vs.

State

This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.

2.Brief facts giving rise to this application can be narrated as follows.

The applicants came to be arrested on 24.12.2020 in Crime No. 777/2020 for the offence punishable under sections 304­B, 498­A, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Wavi Police Station, Nashik on the accusation that deceased Manisha Anil Gaikwad was the legally wedded wife of co­accused Anil Gaikwad. She was subjected to the illtreatment by the applicants and co­accused for unlawful demand as well as due to illicit relationship between accused No.1 and applicant No.2. Due to which on 23.12.2020, she has committed suicide by jumping into the well with two daughters.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. There is nothing on record to show their involvement in the commission of offence. They are behind bar from the date of their arrest. Investigation is almost completed.

Nothing is to be recovered or discovered from them. Therefore, their further detention is not necessary for the purpose of investigation. It is further submitted that applicant No.1 is 72 years old suffering from Ashthma. Applicant No.2 has two small kids. There is nobody to look after these kids as the entire family members are behind bar. They are having permanent place of abode and roots in the society. They are
ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, they have prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicants and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicants in the commission of the offence. If the accused are released on bail, they may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

5.Heard learned advocate Mr. Vaishampayan appearing on behalf of the applicants and learned A.P.P. Mr. Chandrakor. I have also perused the investigation papers made available by the Investigating Officer and the documents filed by the applicants. It appears that the deceased was the legally wedded wife of co­accused Anil Gaikwad. Her marriage has been solemnized in the year 2015. After marriage, she had joined the company of her husband. It is the case of prosecution that accused Anil Gaikwad had extra marital affair with applicant No.2 Vanita. The deceased was also illtreated for unlawful demand of money by her husband, and therefore, she has committed suicide within seven years from the date of her marriage which is dowry death in the eye of law, however, prima­facie no specific role has been attributed to applicant No.1. She is 72 years old. As far as applicant No.2 is concerned, the documents filed by applicants prima­facie shows that she has two small kids. There is nobody to look after these kids as the entire family members are behind bar. Nothing is to be recovered or discovered at the instance of applicants­accused. There is no reason to believe that they have committed an offence punishable with death or life imprisonment. The applicants are behind the bar from the date of
their arrest. They are ready to co­operate in further investigation and to furnish sufficient surety. They are also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping them behind bar till filing of the charge­sheet or conclusion of the trial, when they are ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicants have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 Applicant No.1­Malan Trambak Gaikwad and applicant No.2­ Vanita Sanjay Gaikwad be enlarged on bail, in Crime No.777/2020 for the offence punishable under sections 304­B, 498­A, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Wavi Police Station, Nashik, on furnishing personal bond of Rs.20,000/­ each with sureties each in like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 05th January, 2021. Additional Sessions Judge­8, Nashik.