Cri.B.Appl. 439 of 2022 (Or.Exh.1)
Order Below Exh.1 in Cri.Bail Appln.No.439/2022
CNR No.MHNS010016062022
Mangesh Bhaskar Jadhav Vs. State.
Heard:
1. Ld. Adv. Mr. P. S. Ghorpade for the applicant / accused. Ld. A.P.P. Ms. S. S. Sangle for the State.
This is an application under section 439 of the Code of Criminal Procedure in Crime No.73/2022 registered at Police station, Dindori, Nashik for the offence punishable under sections 498A, 306, 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 of the deceased) inflicted cruelty on the victim due to which she committed suicide. It is alleged that the accused persons used to ask the victim to get money as dowry. In addition, the victim’s husband had an extramarital affair. The applicant/accused No. 1 is the husband of the victim.
2. Ld. Adv. for the applicant has submitted that material part of the investigation is over and chargesheet is about to be filed. Applicant is behind bars since 24/02/2022. He is ready to abide by the terms and conditions imposed by the court. The applicant and the deceased were married since 8 years and even have a son. No such cruelty was meted out to her.
3. Per contra, Ld. A.P.P. has opposed the bail application on the ground that there is primafacie case against the applicant. If he is released on bail, there are chances of his tampering with prosecution witnesses.
4. Material part of the investigation is over. Applicant is ready to abide by the terms and conditions imposed by the Court. Offence is not punishable by life imprisonment/death. No purpose will therefore be served by keeping the applicant behind bars. In view thereof, I am inclined to allow the application subject to the following terms and conditions.
ORDER
1] Application is hereby allowed.
2] Applicant Mangesh Bhaskar Jadhav, he be released on bail by executing P.R. and S.B. of ₹30,000/ with one or two local sureties of like amount.
3] Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts to the Court or to the police officer and shall not tamper with the prosecution evidence in any manner.
4] Applicant shall not commit any offence and shall attend all dates of hearing after filing of chargesheet.
5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.
6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.
(Dictated and pronounced in the open Court)
MRIDULA BHATIA Nashik 05/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.05 19:01:04 +0530 Mridula Bhatia District Judge2 and Addl. Sessions Judge, Nashik.