MHCC020058682024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.933 OF 2024
IN
C.R.NO.190 OF 2024
Abusalik Nadaf
Aged 28 Years, Occupation: Service,
Residing at Ground Floor,
Room No.100, Sai Baba Nagar,
K.K.Menon Marg, Dharavi,
Mumbai 400 017.

..Accused/Applicant
Vs.
The State of Maharashtra
Dharavi Police Station.

..Respondent
Appearances :Ld. Advocate Mr.K.B. Goghikar, for the Applicant/Accused.
Ld.AP.P.Mrs.Veena Shelar, for the State/ Respondent.
CORAM : HHJ DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 07TH MAY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.190/2024 registered with Dharavi Police Station for the offence
punishable under Section 306 of the Indian Penal Code, 1860.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.

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03.

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Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the deceased was married to the accused
Abusalik Nadaf before six years of the incident. He is arrested on
01/03/2024. He submitted that the accused does not have any role in
the commission of the offence. It is alleged that the accused illtreated the deceased, demanded dowry and abetted her suicide. In
fact, the accused has never ill-treated the deceased, no dowry was
demanded from the deceased and there is no abetment or instigation
for committing suicide. He further submitted that there is no
recovery or discovery to be made at the instance of the accused.
There are no criminal antecedents attributed to the accused. He
further submitted that the accused is permanent resident of Mumbai.
He further submitted that the co-accused are already granted
anticipatory bail on 18/04/2024 by order passed in ABA 763/2024.
The accused is ready to abide by all terms and conditions imposed by
the Court. He has prayed for grant of bail.
04.

Per contra, Ld. Addl.P.P. submitted that the accused ill-
treated the deceased, demanded dowry and abetted her suicide. She
submitted that the offence is of serious nature. Statement of
witnesses under section 161 of the Code of Criminal Procedure, 1973
are recorded. Spot panchanama is done. She further submitted that
if accused is granted bail, there is possibility of the accused
tampering
with
the
prosecution
evidence,
pressurizing
the
complainant and hindering the investigation. There is possibility that
the accused will abscond and will not remain available for trial. She
has prayed for rejection of the application.

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05.

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Perused record. The deceased performed love marriage
with the accused before six years. They have 3 children. The coaccused was already granted anticipatory bail on 18/04/2024 by
order passed in ABA 763/2024.

The accused i.e. husband of
deceased is arrested on 01/03/2024. FIR shows that on 29/02/2024 at
about 12:30 p.m., the nephew of the accused was playing with his
son. He fell down from his stairs and the accused started assaulting
and abusing his wife i.e. deceased. After 1 and ½ hours the deceased
was not opening the door and it was found that she had hanged
herself. FIR was lodged by her brother.
06.

Upon perusal of the statements, it is seen that the
allegations against the accused are taunting the deceased for not
giving dowry, demanding dowry, assaulting her by hand, abusing
her and abetting her suicide. The deceased allegedly committed
suicide on 29/02/2024.
07.

To attract offence punishable under section 306 of the
Indian Penal Code, 1860, there must be active role played by an act
of instigation or by doing certain act to facilitate the commission of
suicide. To constitute ‘instigation’, a person who instigates another
has to provoke, incite, urge or encourage the doing of an act by
other by ‘goading’ or ‘urging forward’. No such allegations are
found against the accused in any statement.
08.

Statement of witnesses are recorded. Spot panchanama is
drawn. The complainant has recorded the video of the dispute
between the accused and the deceased on the date of incident. No
recovery is to be made from the accused. Further, there are no
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criminal antecedents attributed to the accused. He is permanent
resident of Mumbai. To facilitate investigation, the accused can be
directed to attend the police station. To protect the complainant,
witnesses and ensure presence of accused for trial, terms and
conditions can be imposed while granting bail. For the aforesaid
reasoning, it is found fit to grant bail to the accused on certain terms
and conditions. Hence, the orderORDER
1. The Criminal Bail Application is allowed.
2. The accused Abusalik Nadaf be released on bail in
C.R.No.190/2024 for offence punishable under section 306 of
the Indian Penal Code, 1860 registered at Dharavi Police
Station on Personal Bond of Rs.25,000/- (Rupees Twenty
Five Thousand only) with one or more sureties in like
amount, on following terms and conditions(i) The accused shall not tamper with prosecution
evidence and witnesses.
(ii) The accused shall attend Dharavi Police Station
on 2nd and 4th Saturday between 11:00 a.m. to 01:00
p.m. and as and when called by the I.O. on written
notice, till filing of the charge-sheet.
(iii) The accused shall not directly or indirectly
contact the complainant and witnesses by any means
till conclusion of the trial.
(iv) The accused shall not commit any offence.
(v) The accused shall not leave India without
permission of the Court.
(vi) The accused shall furnish his permanent and
temporary address, if any, and his contact details to
the concerned police station.

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(vii) The accused shall not change his residential
address without prior intimation to the Investigation
Officer and to the concerned Court.
(viii) If the accused disobeys any of the above
conditions, the prosecution is at liberty to move the
Court for cancellation of bail.
3.
Bail before the Learned Metropolitan Magistrate
Court.

Date: 07/05/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
07/05/2024
06:31 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
07/05/2024
ORDER signed by P.O. on
07/05/2024
ORDER uploaded on
07/05/2024
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