Narayan Pandit Gatkal v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

HEMANT CHANDERSEN SHIV CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1165 OF 2025 HEMANT CHANDERSEN SHIV Date: 2025.05.23 19:03:18 +0300 Narayan Pandit Gatkal Age : 35 Years, Occ. Nil Residing at : Shivnai, Taluka-Dindori District-Dindori, Nashik, Maharashtra ... Applicant V/s.

1. The State of Maharashtra (Through P.I. Dindori Police Station)

2. Tushar Ramdas Gatkal Age : 34 Years. Occ. Farmer Shivnai, Tal. Dindori, Dist. Nashik ... Respondents Mr. Siddhant Choudhari i/b Mr. Mandar Goswami for the Applicant. Ms. S.G. Talhar, A.P.P. for Respondent No.1-State. Ms. Mrunmai Kulkarni for Respondent No.2-through V.C. Mr. S.E. Netavate, Police Sub-Inspector, attached to Dindoshi Police Station, Nashik (Rural), present.

CORAM : SHYAM C. CHANDAK, J.

(VACATION COURT) DATE : 21 MAY 2025.

P.C. :

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Present Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail as the Applicant is apprehending his arrest in C.R. N0.125 of 2025, dated 08/04/2025, registered with the Dindori Police Station, under Sections 108, 351(2), 352 of Bharatiya Nyaya Sanhita, 2023 on the report of Respondent No.2. 2) Heard the learned Advocate for the Applicant, the learned A.P.P. for Respondent No.1-State and the learned Advocate for Respondent 1/5

No.2-first informant. Perused the Application and the investigation material.

4) The prosecution story is that, the first informant is brother of Amol (the deceased). Their agricultural land is situated on Shivnai-Varvandi road. There is a way through the said land, which is going towards the house of Accused No.1 Shivaji. Since last two years, a dispute was going on in between the informant side and Accused No.1. On 3/03/2025, dispute had occurred in between the deceased and Accused No.1. At that time, the Accused No.1 and the Applicant had abused and threatened the deceased that they would register a crime against him and lose his job. Therefore, one Arjun Gatkar and village Sarpanch gave an understanding to the accused. Thereafter, Accused No.1 filed a complaint with the Dindori Police Station. In turn, police called the Accused No.1 and the deceased on 02/04/2025.

On 07/04/2025, at about 20:30 hours, the deceased committed suicide and left the suicide note holding the accused responsible for his suicide. 4.1) Therefore, the Applicant Anticipatory Bail Application No.682 of 2025 before the Sessions Court, at Nashik. Considering the allegations in the Report and the suicide note, the learned Additional Sessions Judge held that it is necessary to ascertain the circumstances, which led to the suicide of the deceased. For that purpose, custodial interrogation of the Applicant is necessary. Hence, the said learned Judge rejected the said application, vide Order dated 17/04/2025.

5) Mr. Choudhari, the learned Advocate for the Applicant 2/5

submitted that there is no material against the Applicant to show that, he aided, abetted or instigated the deceased to commit suicide. Looking at the facts of the case, custodial interrogation of the Applicant is necessary. Therefore, the Applicant deserves the bail.

6) In contrast, Ms. Talhar, the learned A.P.P. submitted that the investigation is in progress and custodial interrogation of the Applicant is necessary to ascertain his role in the offence. The offence is serious. The Applicant is likely to tamper with the prosecution's witnesses. Therefore, bail be refused.

7) Ms. Kulkarni, the learned advocate for Respondent No.2 submitted that the deceased was constantly harassed by both the accused till the suicide. The suicide note of the deceased clearly mentions that both the accused made the life of the deceased so miserable that he was left with no option except to commit suicide. As such, the Application be rejected. 8) The F.I.R. filed by Respondent No.2 recorded that since last two years, a dispute was going on in between Accused No.1 and the deceased. However, the nature of the dispute is not mentioned. It is not discernible from the text of the F.I.R. that the said dispute was intended to abet the suicide by the deceased. No doubt, the F.I.R. noted that, on 30/03/2025, a dispute had occurred in between the deceased and Accused No.1. At that time, the Applicant and the Accused No.1 had abused and threatened the deceased, as above. Thereafter, the parties were called at the Police Station on 02/04/2025. Then, the deceased committed suicide on 07/04/2025. 3/5

However, neither the F.I.R. nor the suicide note indicates that in between 2nd to 7th April 2025, there was quarrel in between the parties and the accused persons did some intentional act to abet or instigate the suicide by the deceased. As such, how the Applicant abetted the deceased to commit suicide, is a question of trial. Considering the allegations, there is no need of custodial interrogation of the Applicant. The condition to attend at the Police Station will be sufficient to investigate with the Applicant. The Applicant has no criminal antecedents. The Applicant is the permanent resident of the village Shivnai and he is not likely to abscond. 9) In view thereof, I am inclined to allow the Application and pass following Order :- (i) Application is allowed.

(ii) In the event of the arrest of the Applicant- Narayan Pandit Gatkal, in C.R. N0.125 of 2025, dated 8th April 2025, registered with the Dindori Police Station under Sections 108, 351(2), 352 of Bhartiya Nyaya Sanhita, 2023 (BNS), the Applicant be released on bail on executing a P.R. bond of Rs.50,000/- with one or two sureties in the like amount.

(iii) Applicant shall attend before the Investigating Officer at Dindori Police Station, Nashik (Gramin), on every Thursday between 10.00 a.m. to 12.00 p.m. till filing of the Chargesheet.

(iv) The Applicant shall not tamper with the prosecution 4/5

evidence and threaten the relatives of the deceased and the prosecution witnesses, in any manner.

(v) The Applicant shall not indulge in any other crime in the future.

(vi) The Applicant shall give his contact details to the Investigating Officer.

(vii) Application stands disposed of in the above terms. ( SHYAM C. CHANDAK, J.) 5/5