MHNS010045002020
Order below Exh.1
in Cri. Bail Application No.1651/2020.

1 Ashok Charan Chavan
Vs.

State
2 Charan Lalchand Chavan
This is an application under section 438 of the Criminal Procedure Code for grant of anticipatory bail.

2.Brief facts giving rise to this application can be narrated as follows.

The applicants apprehend their arrest in Crime No.586/2020 for the offence punishable under sections 498­A, 377, 406, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Ambad Police Station, Nashik on accusation that accused No.1 being the husband of informant and applicants­accused being his relatives subjected her to cruelty and thereby committed an offence.

3.The applicants contend that they have not committed any offence as alleged by the prosecution. Nothing is to be seized or recovered from them. They are ready to co­operate in further investigation. They are not having any criminal antecedent.

Material investigation is completed and therefore, their custodial interrogation is not necessary. They are having permanent place of abode and roots in the society, therefore, possibility of fleeing from justice does not arise. Therefore, considering the nature and gravity of the accusations, they have prayed for prearrest bail.

4.The respondent State filed its say and denied all the adverse allegations made by the applicants and reiterated the prosecution case. It is contended that there is prima­facie sufficient material on record to show their involvement in the commission of offence. If they are released on prearrest bail, there will be hurdle in further investigation. On these lines, the respondent has prayed for rejection of the bail application.

5.Heard learned advocate Mrs. Gosavi on behalf of the applicants and learned APP Mr. Gorwadkar. The Investigating Officer is absent. The prosecution has also not produced investigation papers. The recitals of FIR prima­facie show that the main allegations are against accused No.1 Nilesh Rathod, who is already arrested. Nothing is to be seized or recovered from these applicants. The facts and circumstances make it clear that custodial interrogation of applicants is unwarranted. The applicants are not having any criminal antecedent. They are ready to co­operate in further investigation. Therefore, applicants have made out the case for prearrest bail. With this, I proceed to pass the following order.

O R D E R
1 Application is hereby allowed.

2 In the event of arrest of applicant Nos.1­Ashok Charan Chavan and 2­Charan Lalchand Chavan in Crime No. 586/2020 for the offence punishable under sections 498­A, 377, 406, 323, 504, 506 r/w 34 of the Indian Penal Code registered with Ambad Police Station, Nashik; they be released on prearrest bail on their executing P.R. bond of Rs.15,000/­ each with surety each in the like amount.

3 They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade them for disclosing such facts to the Court or to any police officer.

4 They shall not commit similar or any other offence and misuse the liberty granted by this Court.

5 They shall furnish their address proof, identification proof and mobile number, if any, and shall not change their residential address without informing Investigating Officer.

Seema Digitally signed by Seema Chandrakant Chandrakant Jadhav Date: 2020.12.21 Jadhav
17:22:45 +0530 ( Smt. S.C. Jadhav ) 21st December, 2020. Additional Sessions Judge­8, Nashik.