CNR No. MHNS010013112020

Order below Exh. 1 in, Cri. Bail Application No. 390/2022

( Sau. Hemangi Atul Sonanavane and Ors. Vs. State )

This is an application, for pre­arrest bail u/s. 438 of Cr.P.C. from being arrested in Crime No. 38/2022 registered on 15.03.2022 with Mhasrul police station, Nashik u/s. 143, 144, 145, 147, 148, 149, 326, 452, 323, 504, 506, 34 of Indian Penal Code(for short “IPC”).

2.The learned counsel Mr.S.R. Inamdar 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. They have got fixed and permanent place of residence at Nashik and have got no criminal antecedent. This C.R. has been registered on the basis of order passed by learned J.M.F.C. U/s. 156(3) of the Cr.P.C. in respect of incident allegedly shown on 15.03.2022 wherein police had initially recorded N.C. complaint. This complaint is filed as a pressure tactics, in order to seek divorce from applicant 1 by the informant. On that day, both the parties had gone to the police station, wherein N.C. complaint No. 659/2021 dated 14.08.2021 u/s. 323,504,506 of IPC was registered and applicant 1 had also made N.C. complaint against original informant Atul Sonavane and Ashwini Sadashiv Aher and both were allowed to go after giving understanding.

3.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.7) adopted say filed by Investigating officer ( I.O.) (Exh.6) and strongly objected this application. I.O. is present alongwith case dairy and fairly submitted that attendance may be given.

4.Learned Advocate Mr. S.V. Tarse appeared on behalf of the informant namely Atul Kishor Sonavane and orally submitted that, he has no objection to the application bearing Cri. Bail Application No. 363 of 2022 in respect of the two accused i.e. Archana Baban Nikam(accused 7) and Sonal Baban Nikam(accused 8) of the same C.R. Consequent there upon, vide order dated 23.03.2022, they have been directed to released on anticipatory bail.

5.Perused record. Prosecution’s case is that, on 14.08.2021 the informant’s mother’s tenant Ashwini Sadashiv Aher was ill and when informant went to see her, at that time all accused formed unlawful assembly and assaulted informant by wooden log on his nose which caused fracture. At that time, accused 4 to 12 abused and assaulted informant by slapping on her body , eyes and threatened prosecution witness Ashiwini Aher to kill her.

6.Perusal of record reveals that, present C. R. has been registered under above sections upon direction of Learned J.M.F.C., by passing order 156(3) of the Cr.P.C. in respect of incident dated 14.08.2021. On the same date, N.C. complaints have been registered by the both sides against each other. Applicant 1 is a wife of informant. Matrimonial dispute is going on in between them. Applicant 1 is residing at her matrimonial home alongwith her son since last three years and divorce petition is pending in between them and she has lodged police complaint u/s. 498(A) of the IPC. The informant has given no objection for release of above two accused person. Considering the nature of the offence, custodial interrogation is not necessary and attendance may suffice the purpose. Consequently, by imposing conditions, investigation can be carried out. Thus,apprehension in the mind of applicants of being harassed, manhandled, and arrested seems to be reasonable,warranting pre­arrest protection. In the result, I pass the following order.

ORDER

1.This application stands allowed.

2.In the event of arrest in Crime No.38/2022 registered with Mhasrul police station, Nashik u/s. 143, 144, 145, 147, 148, 149, 326, 452,323,504,506,34 of Indian Penal Code(for short “IPC”), the police Inspector of the concerned police station shall release the applicant (1) Sau.Hemangi Atul Sonavane, (2) Walmik Dhondu Wadge, (4)Sachin Walmik Wadge,(5)Sau. Asha Walmik Wadge, (6)Sau. Manisha Vitthal More,(7)Sau. Sunita Bharat Khaire, (8)Sau. Maya Keshav Shelar @Kavita Keshav Shelar, (9) Sau. Akka Raundal @ Rohini Ratan Mali and (10) Amol Ratan Raundal on bail on executing personal bond of Rs.15,000/­ each, with one surety in the like amount.

3.The applicants shall not leave India without prior permission of the Court.

4.The applicants shall not tamper with the prosecution witnesses.

5.The applicants shall attend the police station on each Monday for 15 days in between 11.00 a.m. to 1.00 p.m., or as and when called by I.O. under prior written intimation.

( S.T. Tripathi) Date :23.03.2022. Additional Sessions Judge­ 7, Nashik.