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Cri. Bail Application No. 1252/ 2020
Manoj Shravan Deore
..
Applicant/
Accused.
..
Respondent.
Vs.
The State of Maharashtra
through P.I. Ambad P.Stn.
(Cr. No. I 504/2020 )
Order below Exh.1
1.
This application has been filed by the applicant/accused
under section 439 of the C.r.P.C., for releasing him on regular bail in
crime No. I 504/2020 registered at Ambad Police Station for the offence
punishable under section 498A, 376, 354, 323, 504, 109 r.w.sec. 34 of
the Indian Penal Code.
2.
According to the prosecution case, the FIR was lodged by the
victim alleging therein that she was married to the applicant/accused on
19.04.2018. After marriage, she went to reside at her matrimonial house.
Initially she was treated well for couple of days. Thereafter, the applicant
started drinking liquor. The applicant’s brother and father used to touch
her inappropriately. So she got separated from them and started staying
along with her husband. During her stay with the applicant, once he
brought his friend at home. They both consumed liquor and then applicant
left his friend at home and went away. His friend then sexually assaulted
her. She then lodged report on 14.09.2020.
against against all the accused persons.
Police registered the FIR
The applicant/accused was
arrested on 16.09.2020. Since then he is in custody.
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3.
The learned counsel Mr. Sameer Inamdar appearing the
applicant has argued that the applicant is her husband. He has not
committed any offence. He has been falsely implicated in this case.
He
has no criminal antecedents. There is a delay in lodging the FIR.
The
applicant never made any kind of demand for money from the
complainant.
His custodial interrogation is already over. His further
detention is not required. The learned counsel further says that in the
month of February,2020 the complainant left her matrimonial house
without intimation. Her father had filed missing report to that effect. Later
she was found at Thane. At that time, she did not give any complaint to
the police about the allegations against her husband and in laws. On the
contrary, when the applicant lodged Divorce Petition against her, she got
annoyed and falsely implicated all in the case.
the terms & conditions.
He is ready to abide by all
He has filed copy of petition on record to
substantiate his contentions. Hence, he prays to allow the application.
4.
The Investigating Officer has filed his Say at Exh.4 and
strongly opposed the application stating that the nature of the offence is
serious. He is the main accused. He has allowed his friend and instigated
him to assault his wife sexually.
Further, the statements of the
complainant and witnesses under section 164 of the Cr.P.C. are yet to be
recorded. Some of the accused are yet to be arrested. The investigation of
the crime is in progress. If the applicant/accused is released on bail, he
may tamper the prosecution witnesses. Hence, he prays for rejection of
the application. The learned APP Smt. Bhide has submitted that the
applicant is the main accused. There is a prima facie evidence against him.
As the investigation is in progress, she prays for rejection of the
application.
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5.
After hearing both the sides and perusing the contents of the
FIR and documents on record, it appears that the allegation against the
applicant /accused is that he has allowed his friend to sexually assault his
wife. The allegations are not only serious but heinous in nature. The
investigation is in progress. So, the apprehension of the prosecution of
tampering the prosecution witnesses is justified. Hence, I am not inclined
to grant bail to the applicant/accused at this stage.
Accordingly, the
application is hereby rejected.
Sandhya
Sunil Nair
Digitally signed by
Sandhya Sunil Nair
Date: 2020.10.13
15:49:09 +0530
( Smt. S.S. Nair )
Addl. Sessions Judge2, Nashik.
Date : 12.10.2020.
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