Order Below Exh. 1 in Cri. B. Appln. No. 1067/2022 ( CNR No. MHNS010046032022 )

Sangeeta Santosh Dhangar Vs. State.

Heard:
Ld.Adv. Mr. A. J. Bhide for the applicant.

Ld. A.P.P. Ms. R. Y. Jadhav for the State.

Perused the say of the interventionist.

1.This is an application under Section 438 of the Code of Criminal Procedure in Crime No.68/2022 registered at Mhasrul Police Station, Nashik for the offence under Sections 306, 498­A & r./w. Sec. 34 of the Indian Penal Code. It is the case of prosecution in brief that the accused (husband and mother­in­law of the deceased) inflicted physical and mental cruelty on her due to which she committed suicide. The applicant herein is the mother­in­law of the deceased. It is interalia alleged that the accused persons were demanding ₹20 lac from the victim’s family to start an advertising agency.

2.Ld. Adv. for the applicant has submitted that the applicant is not the prime accused. There is no necessity of her custodial interrogation. No recovery needs to be made from her.

Accused no. 1 (husband of the deceased) was arrested and has been released on bail. All the facts were not put before the Hon’ble Court while deciding the applicant’s previous bail application. It is pertinent to mention that the incident occurred at the victim’s parental house. She came back from her matrimonial home on 27/04/2022 and committed suicide on 03/05/2022. No complaint was filed either by her or her parents in the interim period. As per the post­mortem report, no injuries were found on her body. There is a delay of 48 hours in lodging FIR. The A.D.R. was registered by Mhasrul P.S. on the date of the incident. However, FIR was lodged on 05/05/2022 at about 11.45 p.m. The delay in lodging FIR has not been explained.

The deceased was married to accused no. 1 for five months. No recovery needs to be made from the applicant who is working as a clerk in Jalgaon Municipal Corporation. She will not flee from justice. Charge­sheet has already been filed.

3.Per contra, Ld. A.P.P. has opposed the application on the ground that custodial interrogation of the applicant is necessary. As per the FIR, the victim had complained to her parents about the cruelty being inflicted upon her and that the accused had undertaken to treat her well. Despite this, there was no improvement in their behaviour. The husband of the accused did not even care to drop the victim to her parents’ house, and only dropped her to the bus stop. Moreover, in the whats­app messages annexed by the learned advocate for the applicant, there is a clear mention by the victim (one day prior to the commission of suicide) that her mother­in­law has been tormenting her since the past one year. Therefore, it cannot be stated that the applicant is not the prime accused. Unless her custodial interrogation is granted, proper investigation will not be carried out. Moreover, after the rejection of her previous bail application, she had moved the Hon’ble Bombay High Court for grant of bail. The said bail application (Anticipatory Bail Appln. No. 1564/2022) was disposed of as withdrawn. The I. O. has filed a report stating that he had gone to the applicant’s house to serve her a written intimation to remain present for interrogation; however, she was not found there. Therefore, charge­sheet has been filed only against accused no. 1. Bail application should therefore be rejected.

4.In the case at hand, the applicant is also a prime accused and there are specific allegations against her. She is a Government Servant and is ready to abide by the terms and conditions imposed by the Court. The written intimation by the I. O. was not served upon her. No recovery needs to be made from her. In view of the foregoing discussion, I am inclined to allow the bail application in terms of the following order: ORDER

1) Application is allowed.

2) In the event of arrest of the applicant (Sangeeta Santosh Dhangar), she be released on executing P.B. & S. B. of ₹30,000/­ with two local sureties of like amount.

3) Applicant shall attend the concerned police station on every Monday and Thursday between 5.00 p.m. to 6.00 p.m. from 01/10/2022 to 31/10/2022.

4) 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.

5) Applicant shall not commit any offence and shall attend all dates of hearing.

6) Applicant is duty bound to inform the I.O. and the court about her change of address, if any.

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

(Order is dictated and pronounced in open court).

Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.09.28 11:32:36 +0530 Nashik Mridula Bhatia 27/09/2022 District Judge­3 and Additional Sessions Judge, Nashik.