MHNS010054272020
Order below Exh. 1 in Cri. Bail Application No.1838/2020.

{ Nitin Laxman Sangale +3 Vs. State }

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.

Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No.

766/2020 punishable under sections 498(A), 323, 504, 506 r/w 34 of the Indian Penal Code registered with Wavi police station, Nashik on the accusation that applicant no.1 being husband of informant and applicant no. 2 to 4 being his relatives subjected her to cruelty.

3.

The applicants contend that they have not committed any offence as alleged by the prosecution. Nothing is to be seized or recovered from them. They are ready to co­operate in further investigation. They are not having any criminal antecedent. Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.

After hearing the applicants, interim protection was granted to the applicants vide order dated 30.12.2020 below Exh.4
and notice was issued to the respondent.

5.

In response to the notice, the respondent State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is prima­

..2..

facie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

6.

Heard learned advocate on behalf of the applicants and learned APP Mr. Nikam. I have also perused the investigation papers made available by the Investigating Officer. Prima­facie, it is seen from the documents that the informant is legally wedded wife of applicant No.1. Their marriage took place on 09.05.2016. From 07.11.2019, the informant is residing at her parents house. The offence came to be registered on 04.12.2020. Meanwhile, applicant No.1 has filed H.M.P. No.215/2020 for divorce. The informant has also filed application under section 125 of the Criminal Procedure Code. Nothing is to be seized from the applicants. The dispute between the parties is matrimonial in nature. The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. The applicants are not having any criminal antecedent.

They are ready to co­operate in further investigation. Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1
Application is hereby allowed.

2
Interim anticipatory bail granted to the applicants vide order dated 30.12.2020 below Exh.4 is hereby made absolute with the same terms and conditions.

Seema
Digitally signed by Seema
Chandrakant
Chandrakant Jadhav
Date: 2021.01.12
Jadhav
16:11:57 +0530
( Smt. S.C. Jadhav )
12th January, 2021.

Additional Sessions Judge­8,
Nashik.