CNR MHNS010054812020 Order below Exh.1 in Cri. Bail Application No. 1840/2020.

{ Ramesh Macchindra Mhaske Vs. State }

This is second 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 3.12.2020 in Crime No. 764/2020 for the offence punishable under sections 304­B, 498(A) r/w 34 of the Indian Penal Code registered with Wavi Police Station, Sinnar, Dist. Nashik on the accusation that after 4 years of 18.07.2015 to 02.12.2020 the applicant/accused being the husband of the deceased and co­accused being his relatives subjected her to cruelty to meet their unlawful demand and abetted the commission of suicide.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. He is behind bar from the date of his arrest. Investigation is almost completed and co­accused are already released on bail. Nothing is to be recovered or discovered at the instance of the applicant/accused. According to the learned advocate of the accused, section 304­B of IPC is not at all applicable in this case. His further detention is not necessary for the purpose of investigation. 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. The first bail application filed by the applicant/accused was rejected on merits. There is no change in circumstances. Column No. 17 of the Post mortem report clearly shows that the injuries found on the dead body were ante­mortem. Investigation is in progress. If the accused is released on bail, there will be hurdle in the investigation. Hence, he prayed for rejection of the bail petition.

5.Heard learned advocate Mr. Kale appearing on behalf of the applicant and learned A.P.P. I have also perused the investigation papers made available by the Investigating Officer.

Perusal of case papers and the documents filed by the applicant, prima facie it appears that the wife of the applicant committed suicide on 02.12.2020 by consuming poisonous substance. The deceased has committed suicide within seven years from the date of her marriage which is dowry death in the eye of law. It further appears from the record that the previous bail application bearing No. 1721/2020 filed by the applicant is already rejected on 21.12.2020 on merits. Subsequent thereto on 30.12.2020, the applicant has filed present application and prayed for bail.

Admittedly, the order passed on 21.12.2020 in Bail Application No.

1721/2020 is not challenged. Investigating Officer has not yet filed final report. The investigation is in progress. Thus, there is no change in circumstances. Considering the aforesaid facts, I am of the opinion that the applicant has not made out case for grant of bail.

With this, I proceed to pass the following order.

O R D E R

Application stands rejected.

( Smt. S.C. Jadhav )
8th January, 2021.

Additional Sessions Judge­8,
Nashik.