Order Below Exh. 1 in Cri. B. Appln. No. 611/2022
(CNR No. MHNS 010023842022)
Prakash Popat Dahite and another Vs. State.
Heard:
Ld. Adv. Mr. R. D. Avhad for the applicants.
Ld. A.P.P. Ms. S. S. Sangle for the state.

1.

This is an application under section 439 of the Code
of Criminal Procedure in Crime No.122/2022 registered at
Police Station, Satpur, Nashik for the offence under Sections
498­A, 306 & 304­B & 504 r/w. Sec. 34 of the Indian Penal
Code. It is the case of prosecution in brief that the accused
(husband and in­laws of the deceased) inflicted physical and
mental cruelty on her due to which she committed suicide. The
applicants herein are the parents­in­law of the deceased.
2.

Ld. Adv. for the applicants has submitted that the
applicants are not the prime accused. Main allegations are
against the husband that he had banged the victim’s head
against the wall and used to ask her for money. The husband of
the deceased (prime accused) is also behind bars. He has
annexed photographs of the deceased as well as of her daughter
to indicate that the deceased was happy with her in­laws.

He
has also annexed documents to show that the applicants were
well­to­do and that they did not require any money from the
deceased or her family. Applicants are ready to abide by the
terms and conditions imposed by the Court.

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3.

Per contra, Ld. A.P.P. has opposed the application on
the ground that there is prima­facie case against the applicants
and there are allegations against them that they were not happy
with the birth of a grand­daughter. Investigation is in progress
and charge­sheet is yet to be filed. Therefore, if the applicants
are released on bail, there is possibility of their tampering with
prosecution witnesses.
4.

Applicants are ready to abide by the terms and
conditions imposed by the Court. Prime accused (husband) is
still behind bars. The more serious allegations are against the
husband. Applicants have been behind bars for some time now.
In view of the foregoing discussion, I am inclined to allow the
application in terms of the following order:
ORDER
1]
Application is hereby allowed.

2]
Applicants (Prakash Popat Dahite & Shila
Prakash
Dahite), be released on bail by executing P.B. and S.B. of
₹30,000/­ each with one or two local sureties of
like
amount.
3]
Applicants shall not directly or indirectly, make any
inducement, threat or promises to any person acquainted
with the facts of accusation, so as to dissuade him/her
from disclosing such facts to the Court or to the police
officer and shall not tamper with the prosecution witnesses
in any manner.

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4]
Applicants shall not commit any offence and shall attend
all dates of hearing after filing of charge­sheet.

5]
Applicants are duty bound to inform the I.O. and the court
about their change of address, if any.

6]
Applicants shall furnish residence and ID proof of two
blood relatives to the I.O.
(Dictated and pronounced in open Court).
MRIDULA
BHATIA
Nashik
02/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.02
13:22:41
+0530
Mridula Bhatia
District Judge­2 and Additional
Sessions Judge, Nashik.