CNR No. MHNS010016222022
Order below Exh.1 in Cri. Bail Application No.440 /2022
( Applicants/accused 1. Prajakta Yogesh Nagargoje and 2. Sarla Subhash Bodke Vs. State )
This is application by daughter and mother for bail u/s. 439 of the Cr.P.C. in Crime No.72 of 2022 registered with Sarkarwada Police Station, Nashik u/ss. 353,332,504,506 r/w.34 of The Indian Penal Code(IPC).
2. The learned counsel Mr.M.S. Honpatil for the applicants submits that, applicants are innocent person and they have been falsely implicated. Applicants are ready to abide by any of the terms and conditions to be imposed by this Court. Applicant 1 is doctor and having male baby of one and half years old and
applicant 2 is mother of applicant 1 and she is suffering from high B.P. and Diabetics.
They were arrested on 01.04.2022 and at present they are remanded in judicial custody. They have got fix and permanent place of residence and undertakes to cooperate investigation.
3. Learned APP Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say (Exh.4) filed by Investigation officer (I.O.) and strongly objected this application.
4. Perused record. In the present case, applicants were arrested on 01.04.2022 and at present they are remanded in judicial custody. The offence is not punishable with death or life imprisonment. The applicants have got fixed and permanent place of residence. In the circumstance, custodial interrogation is not necessary. Learned APP strongly, objected this application on the grounds that, informant Smt. Jyoti Tukaram Aamane is public servant and accused while persons reconciliation by informant in her office, abused, assaulted and threatened her, investigation is incomplete, accused may hamper or tamper prosecution witnesses or evidence. However, they cannot be considered as satisfactory grounds to deny the bail. No purpose would be served by keeping them behind the bar. Attendance and certain conditions may suffice the purpose.
Consequently, applicants deserves bail. Hence, the following order.
ORDER
1.This application stands allowed.
2.Applicants/accused 1. Prajakta Yogesh Nagargoje and 2. Sarla Subhash Bodke shall be released on bail on executing personal bond of Rs.30,000/ with one or more
sureties in the like amount, each.
3. Applicants shall not leave India without prior permission of the Court.
4. Applicants shall not tamper with the prosecution witnesses.
5.They shall attend the police station on each Monday for one week in between 11 a.m. to 01 p.m. or as and when called by I.O. under prior written intimation.
6.Bail before Ld. J.M.F.C.
Date: 06.04.2022. ( S.T. Tripathi) Additional Sessions Judge7, Nashik. ..3.. Cri.Bail No./2021.