Order Below Exh. 1 in Cri. B. Appln.No. 413/2022 (CNR No.MHNS010014582022)

Namdev s/o Tulsiram Ahire & 2 others Vs. State

Heard:
Ld.Adv. Mr. A. N. Vaidya for the applicants.

Ld. A.P.P. Ms. S. S. Sangle for the State.

1.This is an application under section 438 of the Code of Criminal Procedure in Crime No.76/2022 registered at Upnagar Police Station, Nashik for the offence under Sections 498­A, 377, 323, 504, 506 & r/w Sec. 34 of the Indian Penal Code. It is the case of prosecution in brief that the accused/applicants (husband and in­laws of the victim) inflicted physical and mental cruelty on her.

2.Ld. Adv. for the applicants has submitted that there is no necessity for custodial interrogation. Applicants have complied with the terms and conditions imposed by the Court while granting interim relief. Statement of applicant No. 1 (husband of the complainant) has already been recorded. He is a Police Constable and is in the squad of the Chief Minister. He is a responsible person with no criminal antecedents. Vague and bald allegations have been leveled against him as well as against the other applicants in the FIR. Sec. 377 of the I.P.C. has been invoked purely with a view to deprive the applicant No. 1 his right to bail. FIR was registered 8 months after the complainant left her matrimonial home.

3.Per contra, Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicants is necessary. Medical examination of applicant No. 1 needs to be carried out apart from other investigation. The victim had sought to get the FIR registered as soon as she left the matrimonial home, however, the police was not registering the FIR.

4.Applicants have complied with the terms and conditions imposed by the Court. Nothing needs to be recovered from them. Applicants are ready to comply with the further terms and conditions imposed by the Court. Offence is primarily under Section 498­A of the I.P.C. Therefore, in view of the guidelines laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, I am inclined to allow the application in terms of the following order.

ORDER
1) Application is allowed.

2) Interim order dated 05/04/2022 passed below Exh. 4 is hereby confirmed on the same terms and conditions along with the condition that the applicant No. 1 shall make himself available for medical examination whenever asked by the I.O.

(Dictated and pronounced in open Court) Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.04.21 18:58:22 +0530 Nashik Mridula Bhatia 21/04/2022 District Judge­2 and Additional Sessions Judge, Nashik.