Nitin Bhausaheb More Vs State of Maharashtra Nashik Sessions Court BA 903 of 2022

1
Cri.B.A.No.903/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 903/2022
Nitin Bhausaheb More
..

Applicant/
Accused.

..

Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Deola Police Station, Deola.
(Cr. No.I 167/2022)
Order below Exh.1.

1.

This application has been filed by the applicant/accused
under section 439 of Cr.P.C. for releasing him on regular bail in the
aforesaid Crime registered at Deola Police Station, for the offence
punishable under section 306, 498­A, 323, 406, 504, 506 r/w. 34 of the
Indian Penal Code and prayed for interim protection.
2.

Heard Learned Advocate L.R.Nikam, for the applicant and
learned A.P.P. Smt. Jadhav for the State.

Perused the papers of
investigation.
3.

It is the case of the prosecution that the applicant being
husband of the informant, has illtreated and harassed her for
unlawful demand and abetted the commission of suicide by the
deceased.

4.

Learned Advocate for the applicant pointed out that the
deceased was residing separately from applicant­accused and in­laws
since 24.10.2020.

Thereafter, litigations were going on in between
2
Cri.B.A.No.903/22­Order­Ex.1.

deceased Rupali and applicant­accused. The matter was settled in
Marriage Petition No.536/2020. Copies of the relevant documents are
produced on record.

Deceased has specifically mentioned that she
was required medication. In the undertaking given by the husband of
deceased, deceased Rupali has mentioned that she would not commit
any bad with her life.

Such undertaking on the part of deceased
Rupali reflects something doubtful as to her mental status or physical
ailment.

5.

Howsoever it may be, it reveals from the record that
applicant was arrested on 02.07.2022.

Contentions in the say of IO
as to recovery of gold ornaments has no substance. In­fact allegations
in that regard are not specific one. Overall report and the allegations
therein are general in nature. Other accused are released on
anticipatory bail. Considering the custody period and the nature of
offence, it is clear that physical custody of the applicant is no more
required. Investigation is near about complete. As per the contention
of ld. Advocate, the applicant has no criminal antecedents. He is local
resident and he is ready to abide any conditions imposed upon her.
Therefore, considering all these aspects, this Court is of the view to
grant bail to applicant. Hence, the order.

:: O R D E R ::
1]
The application is allowed.

2]
Applicant­Accused Nitin Bhausaheb More
arrested in C.R. No. 167/2022 for the offences
punishable under Section 304­B, 306, 498­A, 406,
323, 504, 506 r/w. 34 of the I.P.C. registered with
3
Cri.B.A.No.903/22­Order­Ex.1.

Deola Police Station, Deola be released on bail in
the sum of Rs.15,000/­(Rupees Fifteen Thousand
only) with a surety in the like amount subject to
following conditions :­
a] That he shall not tamper with the prosecution
evidence in any manner.
b] Applicant is directed not to enter the
area/vicinity where the victim resides till end of
trial.
c] Applicant is directed to furnish his permanent
address proof, mobile number.
ADITEE
UDAY
KADAM
Nashik.
Date : 26.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.26
16:28:07 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.