CNR No. MHNS010018722022
Order below Exh.1 in Cri. Bail Application No.488 /2022

( Applicants/accused 1.Siddhartha Anil More and 2. Akshaya Anil More Vs. State )

This is application for bail u/s. 439 of the Cr.P.C. in C.R. No.98 of 2022 registered with Mumbai Naka Police Station, Nashik u/ss. 304 r/w.34 of The Indian Penal Code(IPC).

2.The learned counsel Mr.A.K. Kale for the applicants submits that, applicants are innocent person and they have been falsely implicated. Applicants are ready to abide by any of the terms and conditions to be imposed by this Court. Applicants arrested on 10.04.2022, and at present they are remanded in
judicial custody. Nothing has been recovered from the the applicants during investigation. They have got fix and permanent place of residence and undertakes to cooperate investigation.

3.Learned APP Mr. R.M. Baghdane, by filing pursis (Exh.­ 5) adopted say (Exh.4) filed by Investigation officer (I.O.) and strongly objected this application.

4. It is the case of prosecution that, informant Surekha Sachin @ Shashi Patil lodged missing case No. 16/2022 in respect of missing of her husband deceased Sachin aged 36 years and relatives of Renuka More also lodged missing case No. 13/2022 in respect of Renuka. Thereafter, relatives of Renuka More brought deceased Sachin and Renuka who had run away with him from Surat. Applicants, their father Anil More and their other relatives got annoyed and beat her husband deceased Sachin by means of
wooden logs, fist and kick blows. He was brought to the Civil Hospital for treatment wherein he succumbed to the injuries.

5.Perusal of record reveals that, both the accused are directly involved in the commission of offence. Even though, they are not named in the FIR but there is sufficient material against them. Deceased succumbed to the injuries, due beating by the applicants, their father Anil Ramesh More and relatives by weapon ie. Wooden log, stick and fist and kick blows, as their sister Renuka had run away with the deceased at Surat. Offence is serious and investigation is incomplete. Custodial interrogation is necessary for thorough investigation. They may hamper or tamper prosecution witnesses or evidence. I do not find any merits in this application. Consequently, I am not inclined to exercise my discretion in favour of the applicants. Hence, the order.

ORDER

This application stands rejected.

Date : 25.04. 2022.

( S.T. Tripathi) Additional Sessions Judge­ 7 , Nashik.