Order below Exh.1 in Cri. Bail Application No.94/2022. CNR MHNS010002492022
( Shubhangi Mohan Ghumare Vs State)
This is an anticipatory bail application moved by the applicantaccused Shubhangi Mohan Ghumare under section 438 of the Criminal Procedure Code for grant of anticipatory bail in connection with CR No.10/2022 registered with Ghoti Police Station for the offence under section 306 r.w.s.34 of the Indian Penal Code (hereinafter referred to as “IPC” for short), in the event of arrest in connection with above referred crime registered on 13.1.2022.
2.The FIR discloses that deceased Vijay Dwarkanath Goikane age 32 yrs., R/o. Ghoti, Tal. Igatpuri, Dist. Nashik has committed suicide on 3.1.2022 and left a suicide note, wherein the name of present applicantaccused and her three companion is mentioned. the applicant accused claimed that she has not committed any offence as stated by the prosecution. The applicantaccused also claimed that she is permanent resident of Nashik and is not habitual offender and she is ready to abide conditions laid down by this coour. Hence, prayed to allow anticipatory bail.
3.The prosecution has opposed the bail application. I.O. Smt. S.V. Gandhas is present and submitted that as per the FIR there are serious allegations against the applicantaccused, who is the main accused in present case. The first informant i.e. the mother of deceased has made grave allegations against this applicantaccused, who had tortured the deceased few months prior to his death/suicide and therefore, prayed to reject the application.
4.Perused the record. Heard both the parties.
5.The applicant accused was directed to remain present in the court, but she did not present in the court. The learned counsel Shri. Bodake for applicant accused has sought one date on previous date, however, today he shown inability to produce the applicant accused before the court by stating that applicant accused is not in his contact.
6.So far as merit of the case is concerned, the name of the applicantaccused is mentioned in the suicide note. It is alleged in the FIR that the applicantaccused has tortured the deceased and made serious allegation about sexual relationship and being pregnant with him and insisted to marry with him. She and her other companion persistently tortured him on phone as well as personally visiting to his house and therefore, considering all these facts, the applicantaccused has not made out the case of anticipatory bail. Her custodial interrogation are very much essential so as to make available I.O. and to see a chances in the interrogation as to what purpose and what are those details by which the deceased came to the conclusion to commit suicide. Therefore, bail application is devoid of merit.
7.It would not be out of place to mention here that the anticipatory bail applications of the other applicantaccused are also rejected by this court. All the accused are absconded since registration of the crime though the learned counsel for applicant accused has taken a stand that the delay in lodging the FIR, but that cannot be a ground to consider the anticipatory bail application at this juncture. The suicide note is found in the house of the deceased and the same was handed over by the relatives of the deceased to police. Police are also investigating from point of view of the mobile number of the accused as well as the deceased and necessary CDR/ADR report is try to take out from concerned. Therefore, at this delicate stage of investigation, present application cannot be entertained. Hence, , I pass following order.
O R D E R
1) Anticipatory Bail Application No.94/2022 is hereby rejected.
2) Inform the concerned police station accordingly.
SHINDE Digitally signed by SHINDE MADHAV MADHAV A A Date: 2022.01.29 16:08:15 +0530 ( M. A. Shinde ) Date29.01.2022 Additional Sessions Judge 8, Nashik.