Order Below Exh. 1 in Cri. B. Appln.No. 330/2022 ( CNR No. MHNS 010010682022 )
Rajesh Madhukar Borade Vs. State
Heard:
Ld.Adv. Mr. M. V. Patil for the applicant.
Ld. A.P.P. Ms. S. S. Sangle for the state.
1.This is an application under section 438 of the Code of Criminal Procedure in Crime No.70/2022 registered at Police Station, Nashikroad, Nashik for the offence under sections 498A, 406, 323, 504 & 506 r/w Sec. 34 of the Indian Penal Code, 1860. It is the case of prosecution in brief that the accused persons (husband and inlaws of the complainant) inflicted physical and mental cruelty on her. Applicant herein is the husband of the victim.
2.Ld. Adv. for the applicant has submitted that a false complaint has been filed against the accused. There is a delay of 11 months in lodging FIR. He has complied with the terms and conditions imposed by the Court while granting interim relief.
The allegations under section 406 of the I.P.C. are not against the applicant, but against the coaccused. No recovery needs to be made from the applicant.
3.Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is prima facie case against the applicant. His custodial interrogation is necessary.
4.Applicant has complied with the terms and conditions imposed by the Court while granting interim relief and has cooperated with the investigating agency. Offence is primarily under section 498A of the I.P.C. Therefore, in view of the guidelines laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, I am inclined to allow the application subject to the following terms and conditions :
ORDER
1)Application is allowed.
2)Interim order dated 11/03/2022 passed below Exh. 4 is hereby confirmed on the same terms and conditions along with the condition that the applicant shall return the Stridhan (if any) of the victim.
(Dictated and pronounced in open Court) Digitally signed by MRIDULA MRIDULA BHATIA BHATIA Date: 2022.03.17 10:10:28 +0530 Nashik Mridula Bhatia 16/03/2022 District Judge 2 and Additional Sessions Judge, Nashik.