CNR
No.
MHNS010018732022
Order below Exh.1 in Cri. Bail Application No.908 /2022
( Applicants/Accused1 Sidhartha Anil More, Accused2 Akshaya
Anil More,Accused 3 Anil Ramesh More Vs. State )
This is an application for bail u/s. 439 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.
The learned counsel Mr.S.D. Badode for the applicants
submits that, applicants are innocent person and they have been
falsely implicated. Applicants are ready to abide by any of the
terms and conditions to be imposed by this Court. Applicants were
arrested on 11.04.2022, and they are in judicial custody. Nothing
has been recovered at the instance of the applicants during
investigation. They have got
fixed and permanent place of
residence and undertake to cooperate investigation. Investigation
has been completed and chargesheet has been filed. No purpose
would be served by keeping them behind the bar. Criminal Bail
Application bearing 488/2022 and 489/2022 dated 25.04.2022
have been already rejected by this Court on the ground of
investigation is in progress. This is their first application after filing
of Chargesheet.
3.
Learned APP Mr. S.G. Kadve, 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 had lodged missing case No. 16/2022 in
..2..
respect of missing of her husband deceased Sachin aged 36 years
and relatives of Renuka More, had also lodged missing case No.
13/2022 in respect of Renuka.
Renuka More is daughter of
applicant 3 and sister of applicants 1 & 2. Thereafter, relatives of
Renuka More, brought deceased Sachin and Renuka from Surat
who had run away with him. Applicants and their other relatives
got annoyed and beat deceased Sachin by means of stumps, bat,
fist and kick blows. He was shifted to the
Civil Hospital for
treatment wherein he succumbed to the injuries.
5.
Learned A.P.P opposed this application on the grounds
that, offence
Accused may
is serious, accused have been named in the FIR.
abscond and hamper and tamper prosecution
witnesses or evidence. Some of the accused are yet to be arrested.
6.
It is relevant to mention that, chargesheet has been
filed in this case. Thus, investigation is complete in respect of the
present applicants. This matter appears to have arisen on account
of lover affairs. Renuka daughter of applicant 3 and sister of
applicants 1 & 2, had run away with the deceased. When they
caught hold the deceased Sachin, primafacie it appears that, they
deprived of power of self control by grave and sudden provocation
and thereby caused his death.
Applicants have got fixed and
permanent place of residence. Now, investigation has been
completed and chargesheet has been filed. Thus, there is change in
the circumstances. Consequently, no purpose would be served by
keeping them behind the bar for indefinite period. Certain
conditions may suffice the purpose. Consequently, applicants
..3..
Cri.Bail No./2021.
deserve bail on certain terms and conditions. Hence, the following
order.
ORDER
1.
This application stands allowed.
2.
Applicants/Accused1 Sidhartha Anil More, Accused2
Akshaya Anil More,Accused 3 Anil Ramesh More shall be
released on bail, in C. R.98 of 2022 registered with Mumbai
Naka Police Station, Nashik u/ss. 304 R/w. 34 of I.P.C., on
executing personal bond of Rs.50,000/, with one or two
sureties,in the like amount, each.
3.
They shall not leave India without prior permission of
the Court.
4.
They shall not hamper or tamper with the prosecution
witnesses or evidence.
5.
They shall furnish proof of address of their residence
and contact numbers.
6.
Bail before Ld. J.M.F.C.
Date : 27.07.2022.
( S.T. Tripathi)
Additional Sessions Judge8,
Nashik.