1
Cri.B.A.No.910/22OrderEx.1.
Order below Exh.1 in Bail Application No. 910/2022
Somnath Prakash Chaudhari
..
Applicant/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Deolali Camp Police Station, Deolali Camp.
(Cr. No.I 75/2022)
..
Prosecution
Order below Exh.1.
1.
The
applicants/accused
Somnath
Prakash
Chaudhari claims bail in C.R. No. I75/2022 for the offences
punishable under Section 306 of the Indian Penal Code
registered with Deolali Camp Police Station.
2.
Heard Learned Advocate Shri R.J.Kasliwal, for the
applicant, learned A.P.P. Smt. Jadhav for the State and Adv.
Smt.
Deshpande
for
informant.
Perused
the
papers
of
investigation.
3.
It is the case of the prosecution that the applicant
sexually harassed the deceased/victim and thereby abetted
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Cri.B.A.No.910/22OrderEx.1.
instigated the commission of suicide by both the victims.
4.
Learned Advocate for the applicant submitted that the
applicant has no concern with the alleged offence.
There is
much delay in lodging report which itself is sufficient to show
that the report is concocted one. The applicant has no any illicit
relations with the wife of informant nor he had blackmail her.
There is no any prima facie evidence to that effect.
Allegations
against the applicant are false and fabricated one.
Even if the
allegations are accepted for the sake of argument, it cannot be
said that the circumstances were such that the deceased do not
have any other option but to commit suicide.
The applicant is
behind bar since long. Now there is no any recovery or discovery
as such remains from the applicant. The physical custody of the
applicant would not be required and therefore, ld. Advocate for
the applicant submitted that the applicant be released on bail.
5.
Per contra, learned APP resisted the application with
the contention that death of the wife of informant and of his
daughter is apparently suicidal one.
Messages are recovered
which was received by the informant from the accused which is
sufficient to indicate the act committed by the accused.
The
obscene photos and message sent by the accused is sufficient to
show his concern with the alleged offence. There are statements
of witnesses which shows that the accused had illicit relations
with wife of informant and he used to blackmail her.
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Cri.B.A.No.910/22OrderEx.1.
Investigation is in progress and therefore, applicant should not
be released on bail.
6.
On perusal of record, it reveals that the report is
lodged after 40 days of the incident. But considering the nature
of offence that is sexual harassment not only to the wife of
informant but also to the daughter and consequent dis
reputation, it is but obvious that one should be reluctant to
proceed with the matter.
Such delay by itself cannot be said to
be fatal at this prima facie stage. Moreover, recovery of obscene
photo and the message from the mobile of informant, which was
received from the mobile of applicantaccused, shows the prima
facie concern of the applicant with alleged offence.
If at all,
prima facie allegations are taken into consideration that is the
sexual harassment and consistent threat of defamation of such
type, would certainly lead to a lady in a compelling situation to
commit suicide. Therefore, thorough investigation is required to
be done to reveal the truth.
7.
At this stage, there is prima facie material on record
which is recovered through the electronic evidence and also by
way of statement of relevant witnesses to show the concern of
applicant with alleged serious and heinous offence. Two ladies
have lost their life.
electronic evidence.
Most of the investigation is based on
Therefore, at this stage, it cannot be said
that applicant has no concern with the alleged offence, if at all
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Cri.B.A.No.910/22OrderEx.1.
the allegation would be accepted as it is. Thus the application
being devoid of merits, deserves to be rejected.
Hence,
following order.
:: O R D E R ::
The application (Exh.1) stands rejected.
ADITEE
UDAY
KADAM
Nashik.
Date : 26.07.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.07.26
16:27:10 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.
the