..1..

Cri.B.Appln.No. 685 of 2022
(Bail Order Exh.1)
Order Below Exh.1 in Cri.Bail Appln.No.685/2022
CNR No.MHNS010027372022
Ramesh Mahadu Yeole Vs. State.
Heard:
1.

Ld. Adv. Mr. M. Y. Kale for the applicant/
accused.
Ld. A.P.P. Ms. S. S. Sangle for the State.

This is an application under Section 439 of the Code
of Criminal Procedure in Crime No.48/2022 registered at Police
station, Abhona, Dist. Nashik for the offence punishable under
Sections 306 & 34 of the Indian Penal Code, 1860. It is the case
of prosecution in brief that the accused (husband and in­laws of
the deceased) inflicted mental cruelty on her due to which she
committed suicide. It is, inter­alia, alleged that soon after the
wedding, the husband of the deceased told her that he is a
follower of ISKCON and that he got married only to appease his
family members and that he has no interest in marriage.
Applicant herein is the father­in­law of the deceased.
2.

Ld. Adv. for the applicant has submitted that the
contentions in the FIR are concocted. The truth is that the victim
cut (tore) the bridal dress of her sister­in­law who was to be
married in Nashik. The applicant resides in Chalisgaon and had
come to Nashik for getting his daughter married. However, due
to
the
said
act
of
the
deceased,
they
were
gravely
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Cri.B.Appln.No. 685 of 2022
(Bail Order Exh.1)
inconvenienced and a new bridal dress had to be purchased for
the bride. Later, the deceased confessed to having done the said
negative act. Due to the said reason, the accused asked her to go
to her maternal home. After going to her maternal home, the
deceased relentlessly tried to strike a dialogue with the
applicant, but to no avail. The deceased was apologetic about
her behavior and wanted to speak with the applicant and reside
with all the accused. The said messages where the deceased has
profusely apologized to the applicant for her wrong­doing
clearly indicate that it was the deceased who was on the wrong.
The accused, however, wanted to speak only through a
mediator. Previous bail application of the applicant was rejected
when investigation was still in progress. However, charge­sheet
has been filed now. Applicant is suffering from various ailments,
is a senior citizen and needs medical care and attention. He has
filed medical papers to show that one foot of the applicant has
been amputated. He is ready to abide by the terms and
conditions imposed by the court. He should therefore be
released on bail.
3.

Per contra, Ld. A.P.P. has opposed the bail
application on the ground that there is prima­facie case against
the applicant. A suicide note was found on the person of the
deceased which has been forwarded to the handwriting expert.
Moreover, there is no change in circumstances after the previous
bail application was rejected. Filing of charge­sheet can not be
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Cri.B.Appln.No. 685 of 2022
(Bail Order Exh.1)
considered as change in circumstance. As per the whats­app
messages, the applicant is guilty of having abetted the suicide of
the victim in as much as in all these messages, the victim can be
seen pleading with the applicant to give her an audience and to
take her back into the family. However, the applicant was
absolutely unmoved, heartless and ruthless in his approach. He
refused to meet her and take her back into the family due to
which she committed suicide. Offence is serious in nature. The
medical papers filed on behalf of the applicant are very old and
have been filed only to gain false sympathy of the Court.
4.

Investigation is over and charge­sheet has been filed.

Offence is not punishable by life imprisonment/death. Even
though the medical papers may be old, however, they do
indicate that one leg of the applicant is amputated. In addition,
perusal of the medical documents also indicates that the
applicant is suffering from diabetes. He is a senior citizen. In
view of the foregoing discussion, I am inclined to allow the
application in terms of the following order:
ORDER
1]
Application Exh. 1 is allowed.

2]
Applicant
(Ramesh
Mahadu
Yeole),
be
released on bail by executing P. B. & S. B. of
₹30,000/­ with one or two local sureties of like
amount.

..4..

3]
Cri.B.Appln.No. 685 of 2022
(Bail Order Exh.1)
Applicant 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 evidence in any
manner.

4]
Applicant shall not commit any offence.

5]
Applicant is duty bound to inform the I.O. and the court about
his change of address, if any.

6]
Applicant shall furnish residence and ID proof of two blood
relatives to the I. O.

7]
Applicant shall attend all dates of hearing.
(Order is dictated & pronounced in open Court).

MRIDULA
BHATIA
Nashik
09/06/2022
Digitally
signed by
MRIDULA
BHATIA
Date:
2022.06.09
13:41:17
+0530
Mridula Bhatia
District Judge­3 and
Addl. Sessions Judge,
Nashik.