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Cri.B.Appln.No. 742 of 2022
(Bail Order Exh.1)
Order Below Exh.1 in Cri.Bail Appln.No.742/2022
CNR No.MHNS010029612022
Shailesh Ramesh Yeole & another Vs. State.
Heard:
1.
Ld. Adv. Mr. M. Y. Kale for the applicants/
accused.
Ld. A.P.P. Ms. S. S. Sangle for the State.
This is an application under Section 439 of the Code
of Criminal Procedure in Crime No.48/2022 registered at Police
station, Abhona, Dist. Nashik for the offence punishable under
Sections 306 & 34 of the Indian Penal Code, 1860. It is the case
of prosecution in brief that the accused (husband and inlaws of
the deceased) inflicted mental cruelty on her due to which she
committed suicide. It is, interalia, alleged that soon after the
wedding, the husband of the deceased told her that he is a
follower of ISKCON and that he got married only to appease his
family members and that he has no interest in marriage.
Applicants herein are the husband and motherinlaw of the
deceased.
2.
Ld. Adv. for the applicants has submitted that
investigation is over and chargesheet has been filed. Previous
bail application was rejected when investigation was still in
progress. Another coaccused (fatherinlaw of the victim) has
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Cri.B.Appln.No. 742 of 2022
(Bail Order Exh.1)
been released on bail. Therefore, accused should be released on
the ground of parity. They are ready to abide by the terms and
conditions imposed by the court. They should therefore be
released on bail.
3.
Per contra, Ld. A.P.P. has opposed the bail
application on the ground that there is primafacie case against
the applicants. A suicide note was found on the person of the
deceased which has been forwarded to the handwriting expert.
Moreover, there is no change in circumstances after the previous
bail application was rejected. Filing of chargesheet can not be
considered as change in circumstance. Accused No. 2 was
released on bail on medical grounds. Therefore, the applicants
can not be released on the ground of parity.
4.
Investigation is over and chargesheet has been filed.
Offence is not punishable by life imprisonment/death. Another
coaccused with almost similar role has been released on bail. In
view of the foregoing discussion, I am inclined to allow the
application in terms of the following order:
ORDER
1]
Application Exh. 1 is allowed.
2]
Applicants (Shailesh Ramesh Yeole & Ranjana
Ramesh Yeole) be released on bail by executing
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Cri.B.Appln.No. 742 of 2022
(Bail Order Exh.1)
P. B. & S. B. of ₹30,000/ each with one or two
local sureties of like amount.
3]
Applicants 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.
4]
Applicants shall not commit any offence.
5]
Applicants are duty bound to inform the I.O.
and the court about his change of address, if
any.
6]
Applicants shall furnish residence and ID proof
of two blood relatives to the I. O.
7]
Applicants shall attend all dates of hearing.
(Order is dictated & pronounced in open Court).
MRIDULA
BHATIA
Nashik
20/06/2022
Digitally signed
by MRIDULA
BHATIA
Date:
2022.06.20
18:09:54 +0530
Mridula Bhatia
District Judge3 and
Addl. Sessions Judge,
Nashik.