Cri.B.A.No.1829/2020
Criminal Bail Application No.1829/2020
CNR No. MHNS010053342020
[ Vijaya Dinesh Amrut V s. State ]
Order below Exh.1.
This is application for regular bail U/s. 439 of Cr.P.C. in Cr.No.I318/2020 of MIDC Sinnar P. S., for offences punishable under Sections 420, 406 r.w. 34 of I.P.C., on the basis of FIR lodged Yogesh Mahadu Shirsath contending therein that on 09.07.2020 accused in furtherance of their common intention solemnized marriage of accused Vijaya with informant and took commission, expenditure of Rs.3 lac from time to time. Thereafter, on 19.7.2020, accused i.e. Sonu Shaikh, Amin, Shraddha and Manjiri took accused Vijaya along with golden ornaments on her person worth Rs.60,000/ in auto rickshaw bearing No.MH20E3548 on the pretext that they are taking her at Aurangabad, and on 9.8.2020 solemnized her marriage with Sandip Dadane R/o. Mirajgaon Tal.Karjat, Dist. Ahmadnagar.
2.Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That the applicant is lady and not having any criminal antecedents. There is 4 months delay in lodging FIR. Applicant is in jail since last 56 days.
Investigation is almost completed. Coaccused are released on bail.
There is no involvement of applicant in the crime. Specification of amount is not mentioned in FIR. The informant has given amount to other accused. That applicant is only 25 years old having old father and mother suffering from various ailment and there is nobody to look after them. She is permanent resident of Aurangabad. There is no need of custodial interrogation with applicant. She would not tamper with prosecution evidence. She is ready to abide by all terms and conditions if any imposed by the Court. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld.
APP Mr.Nikam and filed say resisting for grant of application on the grounds that accused by cheating, got married with informant and by preparing false document, had taken Rs.3 lac from the informant.
If released, will help other accused to abscond. Golden ornaments are to be recovered. The accused after cheating informant, again got married with one Sandip Ramnath Gadade. The accused cheated the informant by taking cash amount as well as golden ornaments. On these main grounds and others have prayed for rejection of the bail application.
4.Heard Ld. Advocate Mr.Y.D.Ugale for applicant. Perused bail application. Heard Ld. APP Mr.Nikam. Perused police papers and say filed by Sinnar police station. Both the respective advocates has reiterated the contentions made in the bail application and the say filed by the Investigating Machinery.
5.On perusal of FIR as well as case papers, it is apparent that the informant got married to Vijaya on 09.07.2020. Prior to that the informant Yogesh had transferred amount of Rs.90,000/by RTGS to the husband of coaccused Sonu. Rs.10,000/ were given by the informant to Prakash Kharat for expenses. Rs.1 lac each was given to Dipak Salve and Prakash Kharat. The informant and accused persons have entered into one document about hand loan.
Furthermore, after receipt of the amount, the girl was left in the house of the applicant and informant made gold ornaments with Anil Jwellers on 8.7.2020 to the tune of Rs.34,950/ + Rs.20,000/which Vijaya took while leaving the house on 19.07.2020. The present applicant had accompanied the other accused persons while taking Vijaya from the house of the informant.
6.The investigation papers reveals that Vijaya after leaving the house of the informant, further got married to Sandip Dadane on 9.8.2020. It has come on record that Vijaya was already married and having a son from Dinesh Amrut before getting married to the informant. These facts and conduct of all the accused persons taken together goes to show that since the inception all the accused persons had intention to cheat and deceive the informant.
7.Be as it may be, the offences are punishable under Sec.420, 406 of IPC. Punishment prescribed to Sec.420 of IPC is seven years and fine whereas punishment prescribed to Sec.406 of IPC is three years or with fine or with both. The investigation is completed. Chargesheet is filed. The applicant is a woman. Hence, on certain terms and conditions, it will be appropriate to exercise discretion in favour of the applicant. Hence, I proceed to pass following order.
ORDER
(1). Application is allowed.
(2). The applicant Vijaya Dinesh Amrut be released on bail in Cr.No.I318/2020 of MIDC Sinnar P. S., for offences punishable under Sections 420, 406 r.w. 34 of I.P.C., on furnishing a PR and SB of Rs.25,000/ with one or more solvent sureties of like amount on following conditions.
(a). She should furnish two documents about his identity proof and two documents in respect of identity proof of his relatives.
(b). She shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer.
(c). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
(4). Bail before JMFC Court
Digitally signed by Vardhan Vardhan Prataprao Prataprao Desai Desai Date: 2021.01.20 13:13:23 +0530
Nashik. ( V. P. Desai) Date : 19/01/2021 Additional Sessions Judge, Nashik.