MHNS010046912020 Order below Exh.1 in Cri. Bail Application No.1713/2020.

{ Manoj Shrawan Deore Vs. State }

This is third 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 applicant came to be arrested on 16.09.2020 in Crime No. 504/2020 for the offence punishable under sections 498­A, 354, 376, 323, 504, 109 r/w 34 of the Indian Penal Code registered with Ambad Police Station, Nashik on the basis of report filed by victim who is wife of applicant. In her report, she alleged that initial for six months, she was treated properly. It is a second marriage of applicant as well as victim. She further alleged that her husband­applicant is alcoholic and accused Nos.2 and 3 i.e. her father­in­law and brother­inlaw tried to take disadvantage of the same. In the month of June, 2019, when she separated from them, her husband­applicant used to bring his friends at home to drink liquor. In the month of December, 2019, the applicant­accused came at home with his friend­Pradip Nichani (accused No.7), who sexually assaulted her. She tried to put her grievance to her sister­in­law and husband of sister­in­law; but in vain.

Therefore, she had left the house in the month of February, 2020 and since then she is residing at her parents house.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. According to him, it is a false case. Other co­accused are already released on bail. Accused No.7 is granted interim protection by the Hon’ble High Court. The earlier bail application of applicant was rejected as investigation was in progress.

Now, the charge­sheet has been filed against all the accused and the same is pending before committal Court. Therefore, further custody of applicant­accused is nor required. It is further submitted that there is huge delay in filing FIR which speaks volume about the veracity of allegations made by her. In February, 2020 the victim ran away from the house, her parents had filed missing complaint. She was found at Thane. Thereafter, her statement came to be recorded, but she did not state anything about the incident which took place in December, 2019.

Since February, 2020 she is residing with her parents, however, FIR came to be registered on 15.09.2020. In the month of March 2020 itself, the applicant has filed a divorce petition in Family Court. The mother of applicant has also filed a complaint application in March 2020. Subsequent thereto, the parties had arrived at compromise and executed one samjoot patra on 24.03.2020. However, the applicant failed to pay money to the victim as agreed between them, present complaint is filed against him. It is further submitted that he is behind bar from the date of his arrest. Nothing is to be recovered or discovered from him. Therefore, his further detention is not necessary. He is having permanent place of abode and roots in the society. He is 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, he has prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicant in the commission of the offence.

There is no change in circumstance to entertain this application. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

5.Heard the learned advocate Mr. Inamdar appearing on behalf of the applicant and the learned A.P.P. Mr. Nikam. I have also gone through the copy of charge­sheet made available by the applicant. Prima­facie, there is material on record to show his involvement in the commission of offence. The applicant/accused is arrested on 16.09.2020. His previous two bail applications were rejected as the investigation was in progress. Accused Nos.2 to 6 are already released on bail, whereas accused No.7 is granted interim protection by the Hon’ble High Court.

6.The applicant is behind the bar from the date of his arrest.

Now, the charge­sheet is filed. Nothing is to be recovered or discovered at the instance of applicant­accused. There is no reason to believe that he has committed an offence punishable with death or life imprisonment. He is ready to co­operate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping him behind bar till conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. In exceptional cases only bail is to be refused. The prosecution failed to show any exceptional ground so as to turn down the bail plea of the applicant. Considering the aforesaid facts, I am of the opinion that the applicant has 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 Manoj Shrawan Deore be enlarged on bail, in Crime No.504/2020 for the offence punishable under sections 498­A, 354, 376, 323, 504, 109 r/w 34 of the Indian Penal Code registered with Ambad Police Station, Nashik, on furnishing personal bond of Rs.30,000/­ with one or two sureties in like amount.

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

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

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.14 Jadhav 16:56:37 +0530 ( Smt. S.C. Jadhav ) 14th December, 2020. Additional Sessions Judge­ 8, Nashik.