MHNS010054852020
Order below Exh.1
in Cri. Bail Application No.1843/2020.

{ Sanjay Trimbak Gaikwad Vs. State }
This is an application under section 439 of the Criminal Procedure Code for grant of bail pending trial.

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

The applicant came to be arrested on 24.12.2020 in Crime No. 777/2020 for the offence punishable under sections 304­B, 498­A, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Wavi Police Station, Nashik on the accusation that deceased Manisha Anil Gaikwad was the legally wedded wife of co­accused Anil Gaikwad.

She was subjected to the illtreatment by the applicant and co­accused for unlawful demand as well as due to illicit relationship between accused No.1 and accused No.4­wife of present applicant. Due to which on 23.12.2020, she has committed suicide by jumping into the well with two daughters.

3.The applicant contends that he has not committed any offence as alleged by the prosecution. There is nothing on record to show his involvement in the commission of offence. He is behind bar from the date of his arrest. Investigation is almost completed.

Nothing is to be recovered or discovered from him. Therefore, his further detention is not necessary for the purpose of investigation. He is having permanent place of abode and roots in the society. He is ready to furnish the surety to the satisfaction of this Court and also ready to abide by the conditions, if any, imposed by this Court. On these lines, he has prayed for bail pending trial.

4.The respondent State filed its reply and inter­alia denied all the adverse allegations made by the applicant and reiterated prosecution case. There is prima­facie sufficient material on record to show the involvement of the applicant in the commission of the offence. If the accused is released on bail, he may hamper or tamper with the prosecution witnesses. On these lines, respondent State has prayed for rejection of the bail petition.

5.Heard learned advocate Mr. Vaishampayan appearing on behalf of the applicant and learned A.P.P. Mr. Chandrakor. I have also perused the investigation papers made available by the Investigating Officer and the documents filed by the applicant. It appears that the deceased was the legally wedded wife of co­accused Anil Gaikwad.

Her marriage has been solemnized in the year 2015. After marriage, she had joined the company of her husband. It is the case of prosecution that accused Anil Gaikwad had extra marital affair with accused No.4 Vanita­wife of applicant. The deceased was also illtreated for unlawful demand of money by her husband, and therefore, she has committed suicide within seven years from the date of her marriage which is dowry death in the eye of law, however, prima­facie no specific role has been attributed to the applicant.

Nothing is to be recovered or discovered at the instance of applicantaccused. There is no reason to believe that he has committed an offence punishable with death or life imprisonment. The applicant is behind the bar from the date of his arrest. He is ready to co­operate in further investigation and to furnish sufficient surety. He is also ready to abide by the conditions, if any, imposed by this court. No useful purpose will suffice by keeping him behind bar till filing of the charge­ sheet or conclusion of the trial, when he is ready to furnish surety and ready to abide by the conditions. Considering the aforesaid facts, I am of the opinion that the applicant has made out case for grant of bail on certain terms and conditions. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 Applicant­Sanjay Trimbak Gaikwad be enlarged on bail, in Crime No.777/2020 for the offence punishable under sections 304­B, 498­A, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Wavi Police Station, Nashik, on furnishing personal bond of Rs.20,000/­ with one or two sureties in like amount.

3 He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 He shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 He shall furnish his address proof, identification proof and mobile number, if any, and shall not change his residential address without informing Investigating Officer.

( Smt. S.C. Jadhav ) 05th January, 2021. Additional Sessions Judge­ 8,Nashik.