Criminal Bail Application No.1113./2022 CNR No. MHNS010048002022

[Raju Nivrutti Jadhav V s. State]

Order below Exh.1.

This is application for regular bail U/s. 439 of Cr.P.C. in Cr.No.I­191/2022 of Upanagar P. S., for offences punishable under Sections 307, 504, 506 of I.P.C., on the basis of FIR lodged by Suman Raju Jadhav contending therein that her husband attempted to commit her murder on 11.7.2022.

2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the applicant arrested on the basis of suspicion. There was dispute on the count of domestic reasons. More than 3 months, he is in jail.

That investigation is completed. Injured is discharged from hospital and has not sustained grievous injuries. There was no intention to caused any injury to informant. Nothing is recovered or discovered at the instance of applicant. There was no motive. That applicant is reputed person in society. There are no criminal antecedents against him. That he will co­operate with investigation and will not pressurize witnesses. He will abide by all terms and conditions imposed by the court. On these main grounds and others have prayed for bail.

3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that offence is serious one. The informant sustained grievous injury on her neck. From statements recorded under Sec.164 of Cr.P.C., it can be gathered that accused attempted to commit murder of informant. Seized samples are sent to CA. There may be possibility of tampering of evidence and commission of same type of offence in future. On these main grounds and others have prayed for rejection of bail application.

4.Heard Ld. Advocate Mr.Shejwal for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Upanagar police station. Also perused the say
filed by informant.

5.On perusal of F.I.R. as well as case papers, it is apparent that, both the informant and the applicant are husband and wife.

The marriage was solemnized as per Hindu Rites and Rituals and there are two daughters begotten out of the marriage. Even, her daughter­in­law residing at Nagsen Nagar, Dwarka. The FIR further reveals that prior to two months, she had come to reside at her parental house along with her daughter Mohini 20 years. On 11.7.2022, there was marriage anniversary of her nephew. The applicant by abusing her, removed knife from his pocket and caused injury on her throat. Further, attempt to assault, she resisted.

On perusal of medical certificate issued by Bytco hospital, the Medical Officer has described the nature of injury as simple. It is settled principle of law that as far as offence under Sec.307 of IPC is concerned, it is the motive that matters and not the nature of injury. However, it cannot be forgotten that the applicant was arrested on 12.7.2022 and since then he is in jail.

There are no criminal antecedents against him. The trial will take long time to be completed. The informant is discharged from the hospital. Now her life is not in danger. On inquiry with Investigating officer about position of charge­sheet, he submitted that only CA reports are awaited. Thus, the investigation is practically completed now. On certain terms and conditions, the discretion can be exercised in favour of the applicant. Hence, I pass following order.

ORDER
(1). Application is allowed.

(2). The applicant Raju Nivrutti Jadhav be released on bail in Cr.No.I­191/2022 of Upanagar P. S., for offences punishable under Sections 307, 504, 506 of I.P.C., on furnishing a PR and SB of Rs.30,000/­ with one or two sureties of like amount on following conditions.

(a). He shall attend Upanagar Police Station on every Sunday between 10.00 a.m. to 1.00 p.m. till filing of the charge sheet, (b). He should furnish two documents about his identity proof and two documents in respect of identity proof of his relatives.

(c). He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.

(d). Violation of any of the above mentioned condition, would result in cancellation of bail.

(3). Inform concerned police station accordingly.

(4). Bail before JMFC Court

VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.09.17 17:11:21 +0530 Nashik. ( V. P. Desai) Date : 17/09/2022 Additional Sessions Judge, Nashik.