CNR No. MHNS01001728022
Order below Exh. 1 in, Cri. Bail Application No. 464/2022
( Vijay @ Sunil Vishnu Lahamgeapplicant/accused 3 Vs. State )
This is an application for bail u/s. 439 of Cr.P.C. in C.R.No. 62/2022 registered with Adgaon police station, Nashik u/s. 306, 323, 504, 506 R/w. 34 of Indian Penal Code(for short “IPC”).
2. Learned counsel Mr. M.Y. Kale for the applicant submits that, he is innocent person and has been falsely implicated. He is ready to abide by any of the terms and conditions to be imposed by this
Court. He has got fixed and permanent place of residence and undertakes to cooperate investigation.
3. Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.5) adopted say filed by I.O (Exh.4) and strongly objected this application. I.O. is present alongwith police papers.
4. Perused record. It is the case of prosecution that, deceased had taken loan of Rs. 2,40,000/ 7 to 8 months ago on interest basis. On 16.03.2022,applicant allegedly pressurized deceased to repay the loan amount due to which he allegedly committed suicide on 21.03.2022 and FIR has been registered on 22.03.2022 by Pranali Raundal. One of the accused Chandresh Tokarasi Lodaya has been released
on pre ararest bail on 04.04.2022 vide Cri. Bail Applicatiaon No. 404/2022 and another accused Arun Bodhale has been granted interim protection on 11.04.2022 from arrest vide Cr. Bail Application No. 472 of 2022 . This matter is pertaining to monetary transactions.
5.Learned A.P.P opposed this application on the grounds that, offence is serious, accused has been named in the FIR, investigation is incomplete, which is to be carried out as to when and what amount was given on interest by the accused and other monetary transaction of money lending of the accused and one of the coaccused is yet to be arrested. Considering the facts and circumstances of the
case, money was lent by the accused to the deceased on interest basis. For investigation on above grounds custodial interrogation is not necessary. They cannot be considered as satisfactory grounds to deny the bail.
One of the accused Chandresh Tokarasi Lodaya has been released on preararest bail on 04.04.2022 vide Cri. Bail Applicatiaon No. 404/2022 and another accused Arun Bodhale has been granted
interim protection on 11.04.2022 from arrest vide Cr. Bail Application No. 472 of 2022. By imposing conditions, investigation can be carried out. Offences alleged are not punishable with death or life
imprisonment. No purpose would be served by keeping him behind the bar for indefinite period. Attendance and certain conditions may suffice the purpose. Consequently, applicant deserves for bail. Hence, the following order.
ORDER
1.This application stands allowed.
2.Applicant/accused 3 Vijay @ Sunil Vishnu Lahamge shall be released on bail on executing personal bond of Rs.25,000/, with one or two sureties in the like amount.
3. He shall not leave India without prior permission of the Court.
4. He shall not tamper with the prosecution witnesses.
5. He shall attend the police station for one month from the date of his release in between 11 a.m. to 01 p.m. or as and when called by I.O. under prior written intimation or till filing of chargesheet, whichever is earlier.
6. Bail before Ld. J.M.F.C.
Date :11.04.2022. ( S.T. Tripathi) Additional Sessions Judge 7, Nashik.