MHNS010054232020
Order below Exh.1
in Cri. Bail Application No.1833/2020

1 Sparsha Pavan Koushik
2 Pavan Dnyanchand Koushik
3 Sudha Pavan Koushik

Vs.

State

This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No. 381/2020 for the offence punishable under sections 498­A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Gangapur Police Station, Nashik on accusation that applicant No.1 being husband of informant and applicant Nos.2 and 3 being his relatives subjected her to ill treatment to meet their unlawful demand and further committed criminal breach of trust regarding the gold ornaments of informant.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. Nothing is to be seized or recovered from them. They are ready to co­operate in further investigation. They are not having any criminal antecedent. Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise.

Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.After hearing the applicants, interim protection was granted to them vide order dated 30.12.2020 below Exh.4 and notice was issued to the respondent.

5.In response to the notice, the respondent State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

6.Heard learned advocate on behalf of the applicants and learned APP. I have perused the investigation papers made available by the Investigating Officer and the say filed by the original informant.

Perusal of case papers, prima­facie it appears that the marriage of informant and applicant No.1 took place on 23.11.2019. The recitals further show that till 11.01.2020 the informant cohabited with the accused. The offence came to be registered on 14.11.2020. Apparently, there are matrimonial differences between the parties. As far as allegations of recovery of shridhan is concerned, criminal Courts are not for recovery. The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. The applicants are not having any criminal antecedent. They are ready to co­operate in further investigation. Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R

1 Application is hereby allowed.

2 Interim anticipatory bail granted to the applicants vide order dated 30.12.2020 below Exh.4 is hereby confirmed.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2021.02.26 Jadhav
12:10:13 +0530 ( Smt. S.C. Jadhav ) 25th February, 2021. Additional Sessions Judge­8, Nashik.