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Cri.B.A.No.714/22OrderEx.1.
Order below Exh.1 in Bail Application No. 714/2022
1/
Yogesh Subhash Kapse & Ors.6 ..
Applicants/
Accused.
Vs.
The State of Maharashtra
through Police Inspector,
Dindori Police Station, Dindori.
(Cr. No.I 202/2022)
..
Prosecution
Order below Exh.1.
1.
This
application
has
been
filed
by
the
applicant/accused under section 438 of Cr.P.C. for releasing
them on anticipatory bail in the event of their arrest in the
aforesaid Crime registered at Dindori Police Station, for the
offence punishable under sections 498A, 323 504, 506 r/w. 34 of
the Indian Penal Code and accordingly, this Court has granted
interim protection to applicants on 08.06.2022.
2.
It is the case of the prosecution that the applicants
being husband and inlaws of the informant, have illtreated and
harassed her for unlawful demand.
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3.
Cri.B.A.No.714/22OrderEx.1.
On perusal of record, it reveals that report came to be
lodged on 06.06.2022. In the report itself, it is mentioned that
informant is residing at her maternal house since the year 2021.
The applicant No.1 has issued notice to the informant for
restitution of conjugal rites on 28.06.2021 which shows the
intention of applicant.
There is vast delay in lodging the report
and same is not explained by the informant.
4.
Record reflects that the applicant No.1 has also filed
one complaint against the informant on 23.11.2020.
Some
photographs are filed on record to show that informant used to
beat up her child very harshly.
Even informant has given
settlement letter to the applicant No.1. Considering all these
aspects, prima facie it appears that the dispute between the
parties is purely marital in nature thereby false implication
cannot be ruled out. On these amongst grounds, interim bail was
granted to applicants on 08.06.2022. Now, IO has filed say but
there is no substantial grounds to resist the application.
It
appears that the applicants have cooperated the investigation.
5.
As per the contention of the Ld. Advocate for the
applicants, the applicants have no criminal antecedents. They
are local resident and are ready to abide any condition on grant
of bail. Therefore, interim protection granted to applicants by
this Court on 08.06.2022 can be confirmed subject to same
conditions. Hence, the order.
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Cri.B.A.No.714/22OrderEx.1.
:: O R D E R ::
1]
The application ( Exh. 01) is allowed.
2]
Interim protection granted to applicants stand
confirmed subject to same conditions.
3]
Informed concerned PSO accordingly.
ADITEE
UDAY
KADAM
Nashik.
Date : 15.06.2022.
Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.16
12:11:52 0600
(Aditee U. Kadam)
Additional Sessions Judge2, Nashik.