CNR No.
MHNS010023442022
Order below Exh.1 in Cri. Bail Application No.585 /2022
( Sunil Chhabu Nikam 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
he has
no
concern with offence. He is being relative of accused,there is
apprehension of his arrest. He is ready to abide by any of the
terms and conditions to be imposed by this Court. He has got fix
and permanent place of residence and undertakes to cooperate
investigation.
3.
Learned APP Mr. S.G. Kadve, by filing pursis (Exh.7)
adopted say (Exh.6) 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
..2..
treatment wherein he succumbed to the injuries.
5.
Perusal of record reveals that, the applicant is directly
involved in the commission of offence. Even though, he is not
named in the FIR but there is sufficient material against him.
Deceased succumbed to the injuries, due beating by the applicant
and accused
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. Regular bail
application bearing 489 of 2022 of applicant Anil Ramesh More
and Regular Bail application 488 of 2022 of applicants Sidhartha
Anil More & Akshaya Anil More have been rejected by this Court.
Offence is serious and investigation is incomplete. Custodial
interrogation is necessary for thorough investigation. He may
hamper or tamper prosecution witnesses or evidence. I do not find
any merits in this application. Consequently, I am not inclined to
exercise my discretion in favour of the applicant. Hence, the order.
ORDER
This application stands rejected.
Date : 18.05. 2022.
( S.T. Tripathi)
Additional Sessions Judge7,
Nashik.