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Cri. Bail Application No. 850 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 850 OF 2022
{Jatin Madhukar Dani vs. The State of Maharashtra through Upnagar
Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime no. 176
of 2022 registered with Upnagar Police Station under sections 306
read with 34 of the I. P. C.
02]
The applicant contended that false and fabricated case is
registered against him. He is innocent and not committed any
offence. He is falsely implicated in the crime. There is 38 hours delay
in lodging F. I. R. No prima-face case is made out against the
applicant. It is not mentioned in the suicide note that for demand of
money and harassment to the deceased, he committed suicide. The
other co-accused are already released on anticipatory bail. Nothing is
to be recovered from him. He has no criminal antecedent. His family
is dependent on him. He is ready to cooperate the investigation
machinery. He is permanent resident of Nashik and having movable
and immovable property there. He will not hamper or tamper the
prosecution witnesses. He is ready to abide by any conditions
imposed by the court. Hence, he has prayed for grant of anticipatory
bail.
03]
APP filed say at Ex. 06 and I. O. filed say at Ex. 07. They
have stated that the offence
is of serious nature.

The accused
compelled the deceased to commit suicide for money. If he is released
on bail, he will tamper the evidence and will threat the prosecution
witnesses. He harassed the deceased mentally and physically for
demand of money of Rs. 5,000/- or Rs. 60,000/-. The remaining
investigation is yet to be done. Hence, they have prayed for rejection
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of bail.
04]
Heard the learned counsel for the accused and learned APP.

They have argued as per their stand taken as above.
05]
I have gone through the application, say, arguments and
police papers. The deceased prior to death have named present
applicants and accused no. 1 Jatin Dani in his suicide note stating that
they were asking for Rs. 60,000/- p.a. or Rs. 5,000/- p.m. if work of
Ghantagadi is to be given to him. So, he committed suicide because of
their harassment. In the argument, the I. O. has stated that the deceased
was working for present applicant. But, it appears that, the present
applicant was regularly paying him the salary/wages. No doubt, his
name appears to be in the suicide note, but, it appears to the court that
suicide was not the last option to the deceased. The accused has no
criminal antecedent. Nothing remained to be seized from him. His
custodial interrogation is not required. The offence is not punishable
with death or imprisonment for life. On suitable terms and conditions,
he is entitled for anticipatory bail. Hence, the following order:
ORDER
01]
Application is allowed.

02]
In the event of arrest, the accused namely Jatin
Madhukar Dani be released on bail on executing
personal bond of Rs. 15,000/- with one or more
surety in the likewise amount each in crime no.
176 of 2022 registered with Upnagar Police Station
under sections 306 read with 34 of the I. P. C., to
the satisfaction of I. O.

03]
The accused shall attend police station on dated
20.07.2022 to 21.07.2022 in between 11.00 a.m.
to 02.00 p.m. and help to the Police in
investigation and should attend the police station,
as and when his attendances is required by the I.
O.

04]
He shall not directly or indirectly make any
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Cri. Bail Application No. 835 of 2022
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the
court or to any police officer to tamper with the
evidence.
05]
He shall not tamper the prosecution evidence in
any manner.

06]
He shall not leave India without permission of this
court.

07]
He shall not commit similar type of offence.

08]
He shall furnish his detailed address with proof
and his mobile number.

09]
Inform the concerned Police station accordingly.

Date : 18.07.2022
(R. R. Rathi)
Additional Sessions Judge-6,
Nashik.