CNR No. MHNS010045902022
Order below Exh.1 in Cri. Bail Application No.1060 /2022
( Applicant/AccusedSunil Chhabu Nikam 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 applicant submits that, applicant is innocent person and he has been falsely implicated. Applicant is ready to abide by any of the terms and conditions to be imposed by this Court. Applicant is arrested on 25.08.2022, and he is in judicial custody. Alleged weapon has been recovered at the instance of the applicant during investigation. He has got fixed and permanent place of residence and undertakes to cooperate investigation. Investigation has been completed. No purpose would be served by keeping him behind the bar.
3.Learned A.P.P. Mr. R.M. Bhagdane, 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 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 Anil More and sister of Sidhartha More and Akshya More. Thereafter, relatives of Renuka More, brought deceased Sachin and Renuka from Surat who had run away with him. Deceased had run away alongwith money with Renuka. Applicant and relatives of Renuka 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 is serious, accused has been named in the FIR. Accused may abscond and hamper and tamper prosecution witnesses or evidence.
6.It is relevant to mention that, chargesheet has been filed in this case u/s. 173 r/w. 299 of Cr.P.Code, in respect of present applicant. According to prosecution, weapon i.e. bat and stumps have been recovered at the instance of present applicant.
Initially, his sister Anita Chhabu was arrested but latter on, she was released u/s. 169 of Cr. P. Code. This matter appears to have arisen on account of lover affairs. Renuka daughter of Accused Anil More and sister of accused Sidhartha More and Akshya More, 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. Other accused persons including father and brothers of Renuka having major role, have already been released on bail. Applicant has got fixed and permanent place of residence.
No purpose would be served by keeping him behind the bar for indefinite period. Certain conditions may suffice the purpose.
Consequently, applicant deserve bail on certain terms and conditions. Hence, the following order.
1. This application stands allowed.
2.Applicant Sunil Chhabu Nikam, 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.He shall not leave India without prior permission of the Court.
4.He shall not hamper or tamper with the prosecution witnesses or evidence.
5.He shall furnish proof of address of their residence and contact numbers.
6.Bail before Ld. J.M.F.C.
( S.T. Tripathi) Date : 08.09.2022. Additional Sessions Judge 8, Nashik.