MHNS010046272020 Order below Exh.1 in Cri. Bail Application No.1693/2020.
( Rajendra Nimba Chavan Vs. State )
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.
2.Brief facts giving rise to this application can be narrated as follows.
The applicant came to be arrested on 11/10/2020 in Crime No.58/2020 for the offence punishable under sections 304(B), 498A, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Abhona Police Station, Nashik on the accusation that applicant/accused being husband of deceased Ranjana Rajendra Chavan and coaccused being his relatives subjected her to cruelty and abetted the commission of suicide.
3.The applicant contended that he has not committed any offence as alleged by the prosecution. There is nothing on record to show his involvement in the commission of offence. He is behind bar from the date of his arrest. Investigation is completed and chargesheet is filed against accused u/s. 306, 323, 504, 506 r.w. 34 of IPC only and the same is pending before committal court. Nothing is to be recovered or discovered from him. Therefore, his further detention is not necessary. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.
4.The respondent State filed its reply and interalia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is primafacie sufficient material on record to show the involvement of the applicant in the commission of the offence. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.
5.Heard learned advocate Mr. Ghumre appearing on behalf of the applicant and learned A.P.P. Mr. Gaikwad I have also perused the investigation papers made available by the Investigating Officer. It appears from the papers that the marriage between the deceased /anjana Rajendra Chavan and applicant/accused solemnized on 05/05/2017. On 10/10/2020 the deceased committed suicide by jumping into the river. Primafacie, it appears from the police papers that there is sufficient material against the applicant/accused.
However, there is no reason to believe that he has committed an offence punishable with death or life imprisonment. The applicant is behind the bar from the date of his arrest. Now the chargesheet is filed against him u/s. 306, 323, 504, 506 r.w. 34 of IPC. Therefore, his further detention is unwarranted. He is ready to cooperate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping him behind bar till conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicant have made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.
O R D E R
1 Application is hereby allowed.
2 Applicant Rajendra Nimba Chavan be enlarged on bail, in Crime No.58/2020 registered with Abhona Police Station, Nashik, on furnishing personal bond of Rs.30,000/ with one or two
sureties in like amount.
3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade him for disclosing such facts to the Court or to any police officer.
4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.
5 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.
( Smt. S.C. Jadhav ) 10th December, 2020. Additional Sessions Judge8, Nashik. Document Outline