BAIL APPLN.No.989/2022
(order below Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
CRI. BAIL APPLICATION NO.989/2022
Dipak Dattu Gave,
Age – 36 yrs., Occ – Labour,
R/o. At – Gayachiwadi, Khalgaon, PostChinchkhed, Tal. Dindori, Dist. Nashik.
A/p. r/o. Palkhed Colony, Palkhed
Embankment, Tal. Dindori, Dist.Nashik.

]
]
]
]… Applicant/Accused
V/s.
The State of Maharashtra
Through– P.I. Dindori Police Station.

]
]… Prosecution/Respondent
Advocate Shri.P.B. Jadhav for the applicant/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This bail application is filed under Section-439 of the
Criminal Procedure Code by the applicant/accused Dipak Dattu Gave in
C.R.No.196/2022 registered with Dindori Police Station for the offence
punishable under Section-302, 201, 120B r/w.34 of the Indian Penal
Code.
2.

Facts of the prosecution case is that Mr. Suresh Rajaram
Zendefal residing at Ambika Nagar, Pimpalgaon Baswant. It is stated
that due to the matrimonial dispute his brother’s wife Sunita had went
to maternal home at Khadakozar prior to two months of incident. Since
then Anil was staying with him. Since last one and half month Anil
behaved like insane person. Accordingly, he was treated at Nashik Civil
Hospital as well as Medical College-Adgaon. He was treated there lastly
on 30.05.2022. He used to wandering here and there due to insanity.

Page 1 of 3
BAIL APPLN.No.989/2022
(order below Exh.1)
3.

It is further stated that on 2.6.2022 at 6 a.m. his mother
Chandarkala informed that his brother-in-law Mr.Samadhan Namdeo
Pote went alongwith deceased and Aditya (his son) at Choufulli and
subsequently he will go to Sangamner. Since 12 p.m. Anil did not come
to him. When inquired with Samadhan Pote; he replied that he dropped
Anil at Choufulli. On 3rd June, 2022 he came to know that his brother is
dead and dead body has been lying and he sustained grievous injury to
back side of his head. As well as iron hammer and wooden log with
blood stains lying there and accordingly lodged complaint under
Section 302, 201 of the Indian Penal Code against the accused at
Dindori Police Station.
4.

Facts of the applicant’s case are that he was falsely
implicated in this case. The investigation is completed. Trial will take
many years. Hence, prayed for bail.
5.

I have heard Ld. Adv. Shri.Prashant Jadhav at length. He
vehemently submitted that the prosecution should arrest Samadhan
Pote i.e. brother-in-law of informant rather accused. It is Samadhan
only who dropped deceased at Choufully and went to Sangamner. There
are no criminal antecedents. He was having 15 to 16 years friendship
with the deceased. He denied any extramarital relation with deceased.
Ld. Adv.Shri. Jadhav has filed case law of Hon’ble Supreme Court in the
case of Sujit Biswas Vs. State of Assam in Criminal Appeal
No.1323/2011. I have gone through the said case law. It is pertaining to
death sentence given by the Trial Court. With due respect, the facts of
the case are not applicable to the case in hand.
6.

Ld. APP Shri.Kadave vehemently submitted that the offence
under Section-302 is serious one. Investigation is at crucial stage. API
Page 2 of 3
BAIL APPLN.No.989/2022
(order below Exh.1)
Pawar is present. He submitted that there was extramarital relation
between accused no.1 and deceased wife which result into murder of
deceased.
7.

Perused application, say and all the documents, case diary,
heard both side. It reveals after perusal of the case diary, CCTV footage,
panchnama has been prepared by the I.O. on 8.6.2022 which reveals
that deceased alongwith accused no.1 were present in wine shop of Mr.
Ganesh Wagh at Pimpalgaon Baswant. Accordingly, 65(b) certificate is
also provided. Second panchnama on 8th June, 2022 also reveals that
accused is going with the deceased in front of Dipak Agency shop at
Pimpalgaon Baswant. Certificate 65(b) is also provided in this case. The
panchnama dated 8.6.2022 also reveals the presence of accused and
deceased in country liquor shop of Potdar at Dindori Naka. As well as
CDR report also filed on record. I.O. has submitted that there was
continue communication between deceased and accused no.1 on mobile
phone. Considering the case diary, seizure panchnama and CCTV
footage panchanma as well as CDR record; I am of the considered
opinion that the accused has played major role in this offence of
murder. Therefore, at this stage he is not entitled for enlargement on
bail. Certainly there was chance of flee over rial and tamper the
prosecution witnesses if released on bail. Therefore, I am inclined to
pass following order ORDER
1.
2.

Bail Application below Exh.1 is rejected.
Criminal Bail Application stands disposed of
accordingly.
Digitally signed by
UMESHCHANDRA
UMESHCHANDRA JAIKUMAR MORE
JAIKUMAR MORE
Date: 2022.08.18
17:58:37 +0530
Nashik.
Date : 18/08/2022
(Dr. U.J. More)
Additional Sessions Judge
Nashik.
Page 3 of 3