Introduction to the Judicial Proceedings
On May 7, 2024, the Court of Sessions for Greater Bombay, presided over by Additional Sessions Judge Dr. Gauri Kawdikar (Court Room No. 41), issued an order granting regular bail to Abusalik Nadaf in connection with C.R. No. 190/2024 registered at Dharavi Police Station. Mr. Nadaf was arrested on March 1, 2024, and is accused of an offence punishable under Section 306 of the Indian Penal Code (IPC), which deals with abetment of suicide. The applicant was represented by Ld. Advocate Mr. K.B. Goghikar, while Ld. APP Mrs. Veena Shelar appeared for the State of Maharashtra.
The Defence’s Submissions and Background
The applicant, Mr. Abusalik Nadaf, a resident of Dharavi and the husband of the deceased, sought bail arguing he was falsely implicated. The defence highlighted that the couple had a love marriage six years prior and had three children. Mr. Goghikar explicitly countered the prosecution’s allegations, stating that the accused had never ill-treated the deceased, had not demanded dowry, and played no role in the commission of the offence.
Furthermore, the defense pointed out that the co-accused had already been granted anticipatory bail on April 18, 2024, in a related application (ABA 763/2024). Emphasizing that no recovery or discovery was pending at the instance of the accused, and that Mr. Nadaf had no criminal antecedents and was a permanent resident of Mumbai, the defence contended that his continued custody was unnecessary and pledged that the applicant would adhere to all bail conditions imposed by the Court.
Prosecution’s Opposition and Case Details
The Ld. Additional Public Prosecutor, Mrs. Veena Shelar, opposed the bail application, asserting the seriousness of the offence—abetment of suicide—and the allegations of ill-treatment and dowry demand leveled against the husband. The prosecution stated that the statements of witnesses under Section 161 of the CrPC had been recorded and a spot panchanama was completed. The primary apprehension was that if released, the accused could tamper with evidence, pressurize the complainant and witnesses, or abscond and evade trial.
The Court reviewed the FIR, which was lodged by the deceased’s brother. It revealed that on February 29, 2024, the accused allegedly started assaulting and abusing his wife after his nephew fell down the stairs while playing with the couple’s son. Approximately one and a half hours later, the deceased was found to have hanged herself inside the room. Witness statements generally supported the allegations that the accused was taunting the deceased for not giving dowry, demanding dowry, assaulting her by hand, and abusing her.
Court’s Rationale for Granting Bail
After perusing the record, Judge Dr. Kawdikar focused on the legal requirement to establish abetment under Section 306 IPC. The Court observed that to attract this offence, the accused must have played an “active role” of instigation or performed an act that facilitated the suicide, which involves provoking, inciting, urging, or encouraging (i.e., “goading or urging forward”) the act.
The Judge found that “No such allegations are found against the accused in any statement” that would meet the high threshold for active instigation required under the IPC. The Court further noted that:
- Investigation was substantially complete: Witness statements were recorded, and the spot panchanama was drawn.
- No further recovery was needed: The complainant had even recorded a video of the dispute on the day of the incident, and no recovery was pending from the accused.
- Co-accused was already protected: The co-accused had been granted anticipatory bail.
- No criminal history: The accused had no criminal antecedents and was a permanent resident of Mumbai.
The Court determined that the concerns regarding investigation, witness tampering, and flight could be adequately addressed by imposing strict terms and conditions on the accused.
Final Order and Conditions of Release
The Sessions Court accordingly allowed the Criminal Bail Application. The accused, Abusalik Nadaf, was ordered to be released on a Personal Bond of Rs. 25,000/- with one or more sureties in the like amount.
The stringent conditions imposed upon the accused include:
- Police Attendance: The accused must attend the Dharavi Police Station on the 2nd and 4th Saturday of every month between 11:00 a.m. and 1:00 p.m. until the charge-sheet is filed, and whenever called by the Investigating Officer via written notice.
- No Contact: The accused is strictly prohibited from directly or indirectly contacting the complainant and witnesses by any means until the conclusion of the trial.
- No Tampering/Offence: The accused must not tamper with prosecution evidence and witnesses or commit any other offence.
- Location: The accused shall not leave India without the Court’s permission and must furnish all his address and contact details to the police, with any subsequent change requiring prior intimation to the Investigation Officer and the concerned Court.
- Breach of any condition permits the prosecution to move the Court for cancellation of bail.