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Cri. Bail Application No. 773 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 773 OF 2022
{Nisha Kailas Sable vs. The State of Maharashtra through Ambad Police
Station}
This is the bail application under section 439 of the
Criminal Procedure Code, 1973 filed by the applicant-accused in crime
No. 274 of 2022 registered with Ambad Police Station for the offences
punishable under sections 302 andp 304 read with 34 of the I. P. C.
02]
The applicant contended that false and fabricated case is
registered against her. She has no criminal antecedent. She is permanent
resident of Nashik. She has seven and eight years daughters respectively
and no one is there to take care of them. There is delay in lodging FIR.
Nothing remained to be recovered and nothing is recovered from her.
Only on hearsay evidence, she is involved in the crime. No purpose will
serve to keep her behind bar. Her family is dependent on her. The
deceased was habitual drinker and was harassing her. She herself lodged
complaint with the police. She is ready to abide by any conditions
imposed by the court. Hence, she has prayed for grant of bail.
03]
learned APP has filed say at Ex. 06 and I. O. has also filed
say at Ex. 07. They have stated that the offence is of serious nature. All
the accused with preplanning killed the deceased by wooden sticks and
stones. They have caused serious injuries to the deceased and he died.
The investigation is going on. If the accused is released on bail, she will
threat the prosecution witnesses. Hence, they have prayed for rejection
of bail.
04]
Heard the learned counsel for accused, learned APP and
learned counsel for the victim. They have argued as per their stand
taken.
05]
I
have
gone
through
application,
say,
arguments,
documents, police papers. There is strong prima-facie case against all
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the accused. The accused no. 1 by means of sickle assaulted on the
head of the deceased and then, gave him pushed and he fell down on
the road and sustained head injury. The accused nos. 2 to 4 have
beaten the accused by wooden sticks on his hands and legs. As much
as, 29 injuries were caused to him because of injury nos. 1 and 2 i.e.
head injury, he died. The author thereof is accused no. 1. The
investigation is in progress. The offence is of serious nature. There are
eye witnesses to the incident and also CC TV footage. The offence is
punishable with death or life imprisonment. The accused is not
entitled for bail. Hence, the following order:
ORDER
Application is rejected.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
Date : 29.06.2022
2022.07.01
13:39:16 +0530
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.