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MHNS010035502022
Order below Exh. 1 in Criminal Bail
Application No. 875/2022.
1.

This is an application moved by the applicant/accused Sandip
Damu Magare under section 439 of the Code of Criminal Procedure in
C.R.No. I­96/2022 registered against accused at Bhadrakali Police Station
for the offence punishable under sections 307, 324, 323, 504, 506 of the
Indian Penal Code and section 135 of the Mumbai Police Act.
2.

It is submitted by the accused that he is innocent and has
been falsely implicated in the crime. He is permanent resident of the
address. He has not committed any offence. Offence punishable under
section 323, 324, 504, 506 of the IPC r/w 135 of Bombay Police Act is not
punishable with more than three years. The complainant and accused are
related to each other as husband and wife. Offence under section 307 is
not applicable as complainant was never admitted in the hospital nor she
has any threat to her life. Accused has no antecedents nor the offence are
punishable with death. He is ready to abide by all the terms and
conditions. Hence, prayed to allow the application.
3.

Say was called of the investigating officer. He has objected
this application on the count that, offence is against the body. Statement
of the witnesses reflects the involvement of the accused.

Though the
complainant and accused are husband and wife divorce petition is pending
in family Court.

Accused is repeatedly coming to Nashik asking the
complainant why she is taking divorce and was threatening her. If bail is
granted there is possibility of committing cognizable offence. Three cases
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are pending against him. Accused is resident of Bhivandi if bail is granted
he will threaten the complainant and witnesses. Hence, prayed that
application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. Perused the
case papers. It is argued by the Advocate for the accused that initially
offence under section 323, 324, 504, 506 of the IPC r/w 135 of Mumbai
Police Act was leveled against the accused. Subsequently, offence under
section 307 of IPC has been impleaded.

Complainant has appeared
through her Advocate and has submitted that her health is good and is out
of danger. They had household dispute and she has hope that they will
have cordial relationship.

Hence, she has no objection to release the
accused on bail and prayed that accused be released on bail.
5.

On the other hand Investigating officer and Ld. APP has
submitted that, the relations are strained between complainant and
accused. If accused is released on bail there is possibility of commission of
further offence, hence, prayed that application be rejected.
6.

On perusing the FIR it is seen that due to divorce proceeding
accused had to attend the Court and he started assaulting her by fist and
kick blows. Took knife and assaulted on her neck. Initially offence under
section 323 and 324 of IPC was levelled against the accused later on
offence under section 307 was added. On perusing the medical certificate
of the complainant it is seen that she has sustained simple injury.
Complainant is discharge on the very next day and went to the police
station and lodged the complaint. Complainant has filed affidavit that
marital dispute is sorted and she has no objection if accused is released on
bail. In order to attract offence under section 307 of IPC the act must be
done with the intention or knowledge that by that act death is caused.

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Considering all the factors prima facie no circumstances are brought to
reflect the intention or knowledge. Accused is in jail since 20.04.2022.
Practically investigation is completed. Nothing remains to be recovered or
discovered. Trial will take time. Apprehension of the investigating officer
can be taken care by imposing conditions. Hence, I proceed to pass
following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Sandip Damu Magare involved in C.R.No.
I­96/2022 registered with Bhadrakali Police Station for the
offence punishable under sections 307, 324, 323, 504, 506 of the
Indian Penal Code and section 135 of the Mumbai Police Act, be
released on bail on his executing P.R. and S.B. of Rs.25,000/­
(Rupees Twenty Five Thousand Only) each with one or two
sureties.

3.

Accused shall not threaten the complainant and caused any harm to
her.

4.

The applicant/accused 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 him from disclosing such facts to
the court or to any police officer or tamper with the evidence.

5.

Accused shall not commit similar type of offence.

6.

Accused shall mark his presence in Bhadrakali Police Station on
every Monday from 11.00 a.m. to 1.00 p.m. once in 15 days till
filing of the charge­sheet and to co­operate Investigating Officer.

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7.

Accused shall not tamper with the prosecution evidence or
witnesses.

8.

Accused shall furnish his existing address proof, photo identity
and mobile number of self and his two close relatives. In case of
change of address he will intimate the same to the Investigating
Officer and to the Court.

9.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

10.

Bail before committal court, if the case is not committed.

Nashik.
Date : 16/07/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.