MHNS010046892020 Order below Exh.1 in Cri. Bail Application No.1711/2020.

1 Vishal Kisan Bhandare
2 Ambika Kisan Bhandare
3 Kisan Ambadas Bhandare

4 Tushar Kisan Bhandare
5 Rani Tushar Bhandare

Vs.

State
This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No. 385/2020 for the offence punishable under sections 498­A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Gangapur Police Station, Nashik on accusation that applicant­accused No.1 being husband of informant and applicant Nos.2 to 5 being his relatives subjected her to cruelty on account of their unlawful demand and thereby committed an offence.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. The informant has already taken away all her valuable belongings with her, therefore, nothing is to be seized or recovered from them. They are ready to co­operate in further investigation. They are not having any criminal antecedent.

Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.In response to the notice, the respondent State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is primafacie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5. Heard learned advocate Mr. Jadhav on behalf of the applicants and learned APP. I have perused the investigation papers made available by the Investigating Officer. Prima­facie, it appears from the police papers that the marriage between the informant and accused No.1 took place on 18.06.2018. Prima­facie, it further appears from the recitals of FIR that as the applicants did not return her household articles and the ornaments as well as the documents, she has filed this report. There is no whisper that her ornaments are misappropriated by the accused. It is a matrimonial dispute. The criminal proceeding is not a recovery proceeding. The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. The applicants are not having any criminal antecedent.

They are ready to co­operate in further investigation. Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 In the event of arrest of applicant Nos.1­Vishal Kisan Bhandare, 2­Ambika Kisan Bhandare, 3­Kisan Ambadas Bhandare, 4­Tushar Kisan Bhandare and 5­Rani Tushar Bhandare in Crime No. 385/2020 for the offence punishable under sections 498­A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Gangapur Police Station, Nashik, they be released on prearrest bail on their executing P.R. bond of Rs.15,000/­ each with surety each in the like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 Applicant No.1 shall attend the concerned police station on every Monday in between 11 a.m. to 01 p.m. till filing of the charge­sheet and co­operate in further investigation.

6 The applicants shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.16 17:06:27 Jadhav
+0530 ( Smt. S.C. Jadhav ) 16th December, 2020. Additional Sessions Judge­ 8, Nashik.