CNR No.
MHNS010020282022
Order below Exh.1 in Cri. Bail Application No.515 /2022
( Shobha Bhagwan Adhav Vs. State )
This is application for prearrest bail u/s. 438 of the
Cr.P.C. in C.R. No.98 of 2022 registered with Mumbai Naka Police
Station, Nashik u/ss. 304 r/w.34 of The Indian Penal Code(IPC).
2.
submits
The learned counsel Mr.A.K. Kale for the applicant
that, applicant is
innocent person and
she has
no
concern with offence. She is being relative of accused,there is
apprehension of her arrest. She is ready to abide by any of the
terms and conditions to be imposed by this Court. She has got fix
and permanent place of residence and undertakes to cooperate
investigation.
3.
Learned APP Mr. R.M. Baghdane, by filing pursis (Exh.
6) adopted say (Exh.5) filed by Investigation officer (I.O.) and
strongly objected this application.
4.
It is the case of prosecution that, informant Surekha
Sachin @ Shashi Patil lodged missing case No. 16/2022 in respect
of missing of her husband deceased Sachin aged 36 years and
relatives of Renuka More also lodged missing case No. 13/2022
in respect of Renuka. Thereafter, relatives of Renuka More brought
deceased Sachin and Renuka who had run away with him from
Surat. Her parents, brothers and other relatives got annoyed and
beat her husband deceased Sachin by means of wooden logs, fist
and kick blows. He was brought to the Civil Hospital for treatment
..2..
wherein he succumbed to the injuries.
As per C.C.TV Footage,
applicant is seen beating the deceased. Ld. APP has opposed this
application on the grounds that, she may hamper or tamper
prosecution witnesses and evidence, and for her identification.
5.
Perusal of record reveals that, the applicant is
named in the FIR.
not
Deceased succumbed to the injuries, due
beating by brothers and relatives of Renuka i.e. Siddhartha More
and Akshaya More and other persons by weapon i. e. Wooden log,
stick and fist and kick blows, as Renuka had run away with the
deceased at Surat on account of love affairs. Thus, this incident has
occurred due to love affairs. The only material collected against
the applicant is on the basis of statement of a witness who has
identified the applicant in the CCTV Footage on the spot. Except
this, primafacie there is no material against her. She is lady.
Accused Anita Nikam has been released u/s. 169 of Cr.P.C. Offence
is not punishable with death or life imprisonment conjunctively.
Custodial interrogation of applicant is
not necessary on the
grounds sought for by the prosecution. Consequently, by imposing
conditions, investigation can be carried out. Thus,apprehension in
the mind of applicant of being harassed, manhandled, and arrested
seems to be reasonable,warranting prearrest protection. In the
result, I pass the following order.
..3..
Cri.Bail No./2021.
ORDER
1.
This application stands allowed.
2.
In the event of arrest in Crime No.98 of 2022 registered
with Mumbai Naka Police Station, Nashik u/ss. 304 r/w.34 of The
Indian Penal Code(IPC), the police Inspector of the concerned
police station shall release Shobha Bhagwan Adhav, on bail on
executing personal bond of Rs.15,000/ with one surety in the
like amount,each.
3.
The applicant shall not leave India without prior permission
of the Court.
4.
The applicant shall not tamper with
witnesses.
the prosecution
5.
The applicant shall attend the police station on each Monday
for one month in between 11.00 a.m. to 1.00 p.m., or as and when
called by I.O. under prior written intimation.
Date :04.05.2022.
( S.T. Tripathi)
Additional Sessions Judge7,
Nashik.