Prabhakar Sitaram Gaikwad Vs State of Maharashtra Nashik Sessions Court BA 854 of 2022

1
Cri.BailAppln.No.854/22­Ex.1
Order below Exh.1 in Cri. Bail Application No.854/ 2022
Prabhakar Sitaram Gaikwad
.. Applicant
Accused.

Vs.

The State of Maharashtra
through PI Wani Police St., Vani
(Cr. No. I 136/2022)
.. Respondent.

Order below Exh. 1
1.

The
applicant/accused
Prabhakar
Sitaram
Gaikwad claims bail in C.R. No. I­136/2022 for the offences
punishable under Sections 498­A, 306, 323, 506 r/w. 34 of the
Indian Penal Code registered with Wani Police Station, Vani.

2.

Heard Learned Advocate Shri F.D.Pathan, 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 applicant being
husband of deceased treated her with cruelty and thereby
abetted and instigated the commission of suicide by her.
4.

On perusal of record, it reveals that there are specific
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Cri.BailAppln.No.854/22­Ex.1
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.

Prima facie averments in the report and the other
documents on record, reflects the concern of applicant with the
alleged offence.

The applicant has taken a ground of medical
ailment to release him on grant of bail.
investigation is in progress.

At this stage,
Considering the allegations in the
report and the nature of offence, it is clear that thorough
investigation is required to be done.

Applicant would get
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Cri.BailAppln.No.854/22­Ex.1
medical aid through the concerned agency.

That cannot be a
ground to consider his bail application at this stage. The offence
alleged committed by the accused­applicant is very much serious
in nature.

If the applicant would be released on bail, there is
every possibility that he may pressurize the witnesses and
tamper with the prosecution witness. Therefore, this Court is of
the considered view that applicant is not entitled for the relief
claimed. Hence the order.
:: O R D E R ::
Application (Exh.1) stands rejected.
ADITEE
UDAY
KADAM
Nashik.
Date : 08.07.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.08
15:54:57 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.