CNR MHNS010046632020 Order below Exh.1 in Cri. Bail Application No.1701/2020.

1 Rohan Bhaskar Sabale
2 Smt. Lalita Bhaskar Sabale
3 Ravi Bhaskar Sabale

Vs.

State

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No. 335/2020 for the offence punishable under sections 498­A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Satpur Police Station, Nashik on accusation that applicant­accused No. 1 being the husband of informant and applicant­accused No. 2 and 3 being his relatives subjected her to cruelty on account of their unlawful demand and also misappropriated her sridhan.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. The informant had taken away all her gold ornaments when she left her matrimonial house. The applicant No. 2 and 3 are residing at Mumbai. The applicant No. 2 is suffering from Tuberculosis and High B.P. Her treatment is going on at Kulaba(Mumbai) and Army Hospital, Deolali. Their custodial interrogation is not at all required. They are ready to co­operate in further investigation. They are not having any criminal antecedent.

Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.After hearing for the applicants interim protection was granted to them vide order dated 04/12/2020 passed below Exh. 4 and show cause notice was issued to the respondents.

5.In response to the show cause notice, the respondents State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

6.Heard learned advocate on behalf of the applicants and learned APP. I have also perused the investigation papers made available by the Investigating Officer. Perusal of papers prima facie it appears that, the marriage of informant solemnized on 23/04/2017, with applicant No. 1. The applicant No. 1 is ex­service man. At the time of marriage, he was in service. The documents filed by the applicants further shows that, the applicant No. 3 is working in S.R.P.F. and residing at Goregaon, Mumbai. The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. The applicants are not having any criminal antecedent. They are ready to co­operate in further investigation.

Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 The interim order passed Exh. 4 on 04/12/2020 is made absolute with the same terms and conditions.

( Smt. S.C. Jadhav ) 07th January, 2021. Additional Sessions Judge­8, Nashik.