1
Cri.B.A.No.747/22OrderEx.1.
Order below Exh.4 in Bail Application No. 747/2022
1/
Tukaram Abu Bagul & others
..
Applicants/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Kalwan Police Station, Kalwan
(Cr. No.I 113/2022)
Order below Exh.1.
1.
The applicants/accused Tukaram Abu Bagul and
Rajabai Tukaram Bagul claims bail in C.R. No. I113/2022 for
the offences punishable under Section 306, 498A, 504, 506 r/w.
34 of the Indian Penal Code registered with Kalwan Police
Station.
2.
Heard Learned Advocate Shri P.S.Bhalerao, for the
applicant, learned A.P.P. Smt. Jadhav for the State and Adv.
Shri Shejwal for intervenor. Perused the papers of investigation.
3.
It is the case of the prosecution that the applicants
have harassed the deceased to such an extent that she was left
with no other option but to commit suicide and accordingly,
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Cri.B.A.No.747/22OrderEx.1.
accused abated the commission of suicide by the deceased.
4.
The ld. Advocate for the applicants submitted that
there is delay of one day to lodge report. Deceased was residing
with her husband but then, report is filed by her father.
Applicants have no direct concern with the deceased. They have
not instigated or abated the commission of suicide.
any recovery from the applicants.
There is no
They have been falsely
implicated. Therefore, ld. Advocate for the applicants submitted
that applicants be released on bail.
5.
Per contra, ld. APP resisted the application with the
contention that the offence committed by the applicants is very
much serious in nature.
Investigation is at premature stage.
Thorough investigation is required to be done.
Therefore, ld.
APP requested to reject the application.
6.
I have perused the application and papers of
investigation.
There are specific averments in the report that
informant who is the father of the deceased, was aware about the
harassment at the hands of applicants to the deceased. He has
attempted to convince the accused to that effect but there was no
change in the behaviour of accused.
There are further
averments that applicant No.1 used to make allegation against
the deceased by suspecting her character. Thus, prima facie it
reveals that accused continued to pressurize and harass the
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Cri.B.A.No.747/22OrderEx.1.
deceased and therefore, she was left with no other option but to
end her life. As such, prima facie concerned of the applicants
with the alleged serious offence is clear.
progress.
Investigation is in
Considering the accusation and nature of offence
thereof, it is apparent that thorough investigation is required to
be done. If the applicants would be released on bail, they may
pressurize the witnesses and tamper with the prosecution
evidence. Considering this aspect, this Court is of the view that
the application filed by the applicants being devoid of merit,
deserves to be rejected. Hence, the order.
Order
1/
Application (Exh.1) stands rejected.
2/
Inform Investigating Officer accordingly.
ADITEE
UDAY
KADAM
Nashik.
Date : 18.06.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.20
10:41:22 0600
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.