CNR
MHNS010033182022
Order below Exh.1
in Cri. Bail Application No.824/2022.
( Gangaram Bhagaji Tokde Vs State)
This application is moved by the applicant­accused
Gangaram Bhagaji Tokde under section 439 of the Criminal Procedure
Code for grant of bail in connection with CR No. 87/2022 registered
with Ghoti Police Station, Tal. Igatpuri, Dist. Nashik for the offence
under section 306, 323, 504,506 r/w sec. 34 of the Indian Penal Code
on 22.6.2022 in respect of alleged incident of suicidal death of victim
Govind Bhiva Wagh.
2.

It is stated in the application that the applicant­accused is
resident of Deole, Tal. Igatpuri, Dist. Nashik and is having his brick
business. The deceased Govind and his wife Fulabai were working as
labour and on 6.5.2022 deceased Govind committed suicide for
unknown reason. The applicant­accused was arrested on 23.6.2022
and was produced before the learned JMFC, Igatpuri on 24.6.2022 and
since then he is in Judicial custody. Hence, the present bail application
is moved stating that he has not committed the offence as alleged. He
has been falsely implicated in present crime. He is local resident and
his antecedents are clean. He has landed property within the
jurisdiction at Deole, Tal. Igatpuri, Dist.Nashik. He will not misused the
liberty granted to him and will abide conditions that may be laid down
by this Court, these and other grounds set in the application, he prayed
for bail.
3.

The prosecution objected the bail application.

I.O. has
filed her report and submitted the relevant papers of the investigation
done till this date.

..2..

4.

Heard, both the parties. Perused record.

5.

On perusal of the record it appears that Bhiva Ganu Wagh
resident of Adhrwad, Tal. Igatpuri, Dist. Nashik lodged FIR against the
applicant­accused and one another lady by name Fulabai Govind Wagh
alleging that his son deceased Govind Bhiva Wagh committed suicide
due to the harassment and assault and beating by the accused. It is also
stated that the accused No.2 Fulabai is the wife of deceased Govind
and daughter­in­law of first informant. It is also alleged that the
present applicant­accused and accused No.2 Fulabai have their illicit
relationship and out of this relationship they had beaten the deceased
and were torturing him. Deceased himself had narrated fact of this
illicit relationship and harassment by the accused to this first
informant, when he was alive and the deceased has committed suicide
due to the instigation on the part of the accused and therefore police
have registered the crime against both the accused.
6.

I have perused the investigation paper done so far. The
witnesses are stating that the applicant­accused and accused No.2
Fulabai had illicit relationship and therefore, they were torturing the
deceased. The applicant­accused is brick factory owner and is an
influential position comparing to the deceased and his relatives, who
are poor labourer and the deceased was working since last 7 to 8 years
with the applicant­accused. The matter appears to be reported to the
police by the applicant­accused himself and at that time Accidental
Death bearing No. 34/2022 was registered and subsequently FIR was
registered against the applicant­accused and the wife of deceased. The
investigation is in progress. The accused is an influential person and
may pressurized the prosecution witnesses who are poor labourer and
therefore, it would not be proper to release the applicant­accused at
Cri. Bail Application No.824/2022.
..3..

this delicate stage.

More so accused Fulabai is absconding and
therefore, considering the other situation, present application is devoid
of merit. Hence, following order.
ORDER
1.

Bail Application bearing No. 824 is hereby rejected.

2.

Inform to the concern police station accordingly.

SHINDE
MADHAV
A
Date­02.07.2022
Digitally signed
by SHINDE
MADHAV A
Date: 2022.07.02
17:40:12 +0530
( M. A. Shinde )
Additional Sessions Judge­9,
Nashik.