Ramiz Akthar Maniyar and Anr Vs State of Maharashtra Nashik Sessions Court BA 799 of 2022

1
Cri. Bail Application No. 799 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 799 OF 2022
{Ramiz Akthar Maniyar and another vs. The State of Maharashtra
through Upnagar Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 176
of 2022 registered with Upnagar Police Station under section 306
r/w. 34 of the Indian Penal Code.
02]
The applicants contended that false and fabricated case
is registered against them. There is delay in lodging FIR. No offence
is made out against them. In the suicide note, nowhere it is
mentioned that the present applicant demanded amount of Rs.
5,000/- per month or Rs. 60,000/- per annum. Nothing is to be
recovered from them. The deceased was working under supervision
of co-accused Jatin Dani and not under them. The deceased was paid
with the amount. The applicants were not touched with the deceased
from last six months. They have no criminal antecedent and have
deep roots in the society. They are ready to abide by any conditions
imposed by the court. Hence, they have prayed for grant of
anticipatory bail.
03]
APP filed say at Ex. 07 and I. O. filed say at Ex. 08. They
have stated that the offence is of serious nature. The accused have
harassed the deceased and may have harassed the people.
Investigation is yet to be done. If they are released on bail, they may
threat the witnesses and it will hamper the investigation. Their
custodial interrogation is required. Hence, they have prayed for
rejection of bail.
04]
Heard the learned counsel for the accused and learned
APP. They have argued as per their stand taken as above.

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05]
I have gone through the application, say, arguments and
police papers. The deceased prior to death have named present
applicants and accused no. 1 Jatin Dani in his suicide note stating that
they were asking for Rs. 60,000/- p.a. or Rs. 5,000/- p.m. if work of
Ghantagadi is to be given to him. So, he committed suicide because of
their harassment. In the argument, the I. O. has stated that the deceased
was not working for present applicants but, for accused no. 1 Jatin Dani.
So, prima-facie present applicants have a good case for bail as the
deceased was not working under them and they never paid salary to
him. In this case, nothing has to be recovered from the present
applicants. They have no criminal antecedent. The offence is not
punishable with death or imprisonment for life. On suitable terms and
conditions, they are entitled for anticipatory bail. Hence, the following
order:
ORDER
01]
Application for anticipatory bail is allowed on
the same terms and conditions as given below
Ex. 4 i.e. interim bail order and interim
anticipatory bail is hereby confirmed.

02]
The applicants should attend the Police station
in between 11.00 a. m. to 02.00 p. m. from
dated 05.07.2022 and 06.07.2022 and help the
police in investigation.

03]
Inform the concerned Police station accordingly.
Digitally signed
by RATHI
ROOPESH
RATHI
RAMSWARUP
ROOPESH
RAMSWARUP Date:
2022.07.04
16:03:32
+0530
Date : 02.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.