Prakash Vishvanath Gore And ANR v. The State Of Maharashtra, Thr. Pso, Ps, Pinjar, Tq. Barshitakli, Dist. Akola

1 ba 461.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No.461/2025 [ Prakash and another V State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J.B. Gandhi, Advocate for applicants.

Mr. C.A. Lokhande, APP for State.

Mr. N.R. Tekade, Assist to prosecution.

Coram : Mrs. Vrushali V. Joshi, J.

Date : 13-05-2025.

Criminal Application No.976/2025 Heard.

For the reasons stated in the application, the same is allowed.

Criminal Application (BA) No.461/2025 Heard.

2.

The applicants are arrested in Crime No.0070/2025 registered at Police Station Pinjar, District Akola for the offence punishable under Sections 108 and 3(5) of the Bhartiya Nyay Sanhita, 2023. The allegations are made that on 18-02-2025 the accident took place as the vehicle of the deceased dashed to the vehicle of the applicants, due to which they beat him. They took money of Rs. 1 Lakh and Gold Chain from the deceased; even thereafter they continued to harass him. Hence on 23-03-2025 he had committed suicide. The body of the deceased was found lying under the tree in the field and one note book was found there. He was taken to hospital and during treatment he died. It was the suicidal death. From the note book it is found that he had committed suicide because of the harassment at

2 ba 461.25.odt the hands of the applicants. On the basis of note book, on 28-03-2025 FIR was registered.

3.

The learned Counsel for the applicants has stated that they haven not committed offence. After the accident, the deceased had committed suicide.

4.

The learned APP opposed the application stating that the suicide note was immediately found at the spot. In the said suicide note he has mentioned the names of the applicants. Investigation is going on. Hence, he prayed for rejection of the application. 5.

Learned Counsel for Assisting to Prosecution has supported the contentions made by the learned APP and submitted that the suicide note was immediately found near the victim and in the said suicide note the deceased has mentioned the names of the applicants. Hence, he prayed for rejection of the application. 6.

Heard the Counsel for the parties and learned APP. Perused the record.

7.

The allegations regarding abatement of suicide are made against the applicants. The allegations are that on 18-02-2025 the accident took place as the vehicle of the deceased dashed to the vehicle of the applicants due to which they beat him. They took money of Rs. 1 Lakh and Golden Chain from the deceased; even thereafter they continued to harass him. Hence on 23-03-2025 he had committed suicide. The body of the deceased was found lying under the tree in the field and one note book was found there. As far as investigation is concerned, in my view, it will take time to prove the offence against the applicants. The custody of these applicants is not required for further investigation. Hence, at this stage the applicants have made out a case for grant of bail. Accordingly, I proceed to pass the following order. 8.

The application is allowed.

9.

The applicants shall be released on bail in connection with Crime No.0070/2025 registered at Police Station Pinjar, District Akola

3 ba 461.25.odt for the offence punishable under Sections 108 and 3(5) of the Bhartiya Nyay Sanhita, 2023 on executing PR Bond of Rs. 15,000/- each with one surety of like amount.

10.

The applicants shall attend the concerned Police Station twice in a month on 1st and 15th of every month and shall cooperate the investigating agency till filing of the chargesheet. 11.

The applicants shall not induce, threat or promise to any witnesses who are acquainted with the facts of the case. 12.

Application is disposed of.

(Mrs. Vrushali V. Joshi, J.) Deshmukh