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Cri.B.A.No.1015/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1015/2022
Prabhakar Sitaram Gaikwad
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Vani Police Station, Nashik.
(Cr. No.I 136/2022)
Order below Exh.1.
1.
The
applicants/accused
Prabhakar
Sitaram
Gaikwad claims bail in C.R. No. I136/2022 for the offences
punishable under Sections 306, 498A, 323, 504 r/w. 34 of the
Indian Penal Code registered with Vani Police Station.
2.
Heard Learned Advocate Shri A.C.Pradhan, for the
applicant, learned A.P.P. Smt. Sangale for the State. Perused the
papers of investigation.
3.
It is the case of the prosecution that applicant being
husband of the deceased illtreated her with cruelty and thereby
abetted and instigated the commission of suicide by her.
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4.
Cri.B.A.No.1015/22OrderEx.1.
On perusal of record, it reveals that there are specific
allegations against the applicant that he used to abuse and beat
up the deceased on trifle aspect. Deceased Dipali got married
with the accused applicant in the year 2011.
There are
consistent allegations in the report lodged by the brother of
deceased that the accusedapplicant used to harass Dipali by
consuming liquor. On many occasion, they tried to convince the
applicant that he should not harass Diapli but applicant did not
pay any heed thereof.
Due to fade up with the harassment,
Dipali had been to her maternal village with her children.
At
that time, they consoled her and sent her back for cohabitation.
Thereafter, i.e. three months before the incident, Dipali left her
house due to fade up with the harassment at the hands of
applicant and went at the house of her maternal uncle. Accused
applicant was also went with her but there also, he continued to
harass her by consuming liquor.
don’t want her to be with him.
He used to tell her that he
Finally, on 14.06.2022, Dipali is
expired due to drowning in well. Her death is unnatural one.
5.
Considering prima facie concern of the applicant with
the alleged offences, previous bail application filed by the
applicant was rejected on merit.
Now, this successive bail
application is filed by the applicant on the ground that charge
sheet is filed and investigation is complete. Therefore, physical
custody of the applicant is no more required. Applicant has no
criminal antecedents. It is further contended that applicant is a
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Cri.B.A.No.1015/22OrderEx.1.
local resident and is ready to abide any conditions on grant of
bail. Considering all these aspect, this Court is of the view that
applicant can be released on bail by imposing certain stringent
conditions. Hence, the order.
:: O R D E R ::
1]
The application is allowed.
2]
ApplicantAccused Prabhakar Sitaram
Gaikwad arrested in C.R. No. I136/2022 for
the offences punishable under Section 306,
498A, 323, 506 r/w. 34 of the I.P.C.
registered with Vani Police Station, be
released on bail in the sum of Rs.15,000/
(Rupees Fifteen Thousand only) with one or
two sureties in the like amount subject to
following conditions :
a] That he shall not tamper with
prosecution evidence in any manner.
the
b] Applicant is directed not to contact any
witness and interfere with the investigation
in any manner.
c] Applicant is directed to furnish his
permanent address proof, mobile number.
Bail before lower Court.
ADITEE
UDAY
KADAM
Nashik.
Date : 20.08.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.08.20
17:57:53 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.