Criminal Bail application No. 198/2022 of Bhadrakali Police Station.
{ Pramod Ashok Shinde V/s State Bhadrakali P. S. }
O R D E R
The instant application is filed under section 439 of Cr.P.C for releasing the applicant on bail who was arrested by Bhadrakali Police station in crime No. 33/2022 for the offence under section 306, 498A r/w Section 34 of IPC.
2.The FIR was lodged by the mother of deceased on 07/02/2022 alleging therein that her daughter Urmila now deceased was married to accused Vinod Ashok Shinde on 7th May 2017. After marriage, the deceased went to her matrimonial house and started staying with her husband and in laws. After marriage, she was treated well for couple of months. Thereafter her husband and inlaws started harassing her mentally and physically owing to demand of Rs. 10,00,000/ and four wheeler from the deceased. The deceased informed her parents about the demand of her inlaws. Due to financial paucity her parents could not fulfill the demand of the accused persons. Hence, the accused persons started torturing her on trifle matters. The deceased was fed up with the behavior of her inlaws. She took extreme step to end her life. On 06/02/2022, she committed suicide by hanging herself from ceiling fan. Based on the report of the complainant, the crime was registered against the accused persons.
3.The learned counsel advocate Shri. J.S. Shaikh has argued that the applicant is the brother in law of the deceased. No specific role is assigned to him. He used to stay separately from deceased and her husband. He was arrested by the police on 07/02/2022 and since then, he is in custody. He has no criminal antecedents. He is ready to abide by all the terms and conditions whichever will be imposed by this court.
4.The investigation officer has filed his reply at Exh. 5, and strongly opposed the application stating that the offence in serious in nature. There is every possibility that he may tamper and threatened the witnesses. There is possibility that he may abscond and therefore his bail may be rejected.
5.The Learned APP has also prayed for rejection of the application by submitting his arguments in line with the investigating officer.
6.After hearing both the sides and on of the perusal of the record, it appears that the only allegation against the applicant is that he used to harassed the deceased on trifle matters. No specific instances were stated by the prosecution as to how applicant had harassed the deceased. Primafacie there is no evidence to show that he has abetted commission of suicide of deceased. Considering the period of detention and that he has no criminal antecedents. I am inclined to grant bail on following terms and conditions.
Order
1.Application is hereby allowed.
2.Applicant / accused – Pramod Ashok Shinde shall be released on bail on furnishing his P.R.bond of Rs.15,000/ with one or more sureties in the like amount on the following conditions. :
He shall
(a) not act in manner injurious to the interest of the prosecution.
(b) maintain law and order.
(c) furnish the address of his residence, copy of Pan and Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
3.If the applicant commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
4.Accordingly, application is disposed of.
( Smt. S. S. Nair ) Addl. Sessions Judge 4, Date : 25.02.2022. Nashik.