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Criminal Bail Application No.44/2021

(CNR-MH-DH-01-000225-2021)
Prasad Devidas Shimpi etc.9

-Versus-
The State of Maharashtra
Order Below Exh.1
Accused have sought bail under Section 438 of Cr.P.C. in

connection with Crime No.96/2020 registered with Deopur Police
Station, Dhule for the offences punishable under Sections 498-A, 323,
504, 406 r/w 34 IPC.
02. Brief facts of the prosecution case are as under;

On 06.11.2020 informant Snehal Shimpi lodged FIR.
Accused Prasad is her husband. Their marriage took place on
06.06.2015. Informant’s parents gave dowry and various golden
ornaments to the informant in the marriage. Accused Pushpawati is
mother, Priya, Madhubala, Dipali and Vaishali are sisters of accused
Prasad. Samir is Vaishali's husband, Ashok is Madhubala's husband,
Prashant is Dipali's husband. After marriage, informant went to reside
with the accused at Nashik.
03. After initial short period, the accused insisted that

informant should secure a job and earn money, they used to pass
taunts, they started to demand Rs.5,00,000/- and threatened her of
divorce. Informant disclosed her treatment to her parents but they
consoled her. Thereafter, when she went to Nashik Prasad and
Pushpawati abused her for coming back empty handed. On one day,
Prasad called all his sisters and brother in-laws and all of them
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scolded the informant. On 09.09.2015 informant was beaten for

using geyser. On 29.09.2015 informant's maternal relatives and
accused had meeting. Accused persons demanded Rs.5,00,000/- and
did not talk properly in the meeting. Thereafter again Prasad and
Pushpawati beat the informant and told that, they would subject her
to cruelty till their demand is met. The accused persons use to compel
informant to take cold bath. They did not allow her to watch
television, they used to taunt her for her cooking. Prasad threatened
that, he would get himself transfer out of the reach of informant. The
golden ornaments of the informant are with the accused. They drove
the informant out of home on 17.11.2015. FIR was registered.
Apprehending arrest applicants have preferred present application.
04. The State has opposed bail application on various

grounds.
05. Ld.Adv.Shri. A. A. Lunkad for the applicants has submitted

that there are vague allegations of demand and other ill-treatment.
Matrimonial dispute is going on since 2017. FIR is registered with
long delay to harass the applicants. Custodial interrogation is not
necessary. Accused are ready to abide by conditions of bail.
06. Ld.APP Shri.G.Y.Patil has submitted that offence is

serious. The accused made demands since beginning of the marriage.
Ornaments of the informant are with the accused. There is long
standing matrimonial dispute. Custodial interrogation is necessary.
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07. From the FIR it becomes clear that apart from incident
dated 09.09.2015 and 29.09.2015, other allegations are vague and
omnibus. It is also clear that no specific allegations are made against
applicants except Prasad and Pushpawati. It appears that, police have
not followed directions in the case of Arnesh Kumar. Though, it is
alleged that, golden ornaments of the informant are with the accused,
it is not alleged which of the accused snatched the ornaments. In fact,
there appears no specific allegations of snatching ornaments or
obtaining those under deceit. From the papers submitted on record, it
appears that, one petition for maintenance under Section 125 of the
Cr.P.C. bearing No.37/2020 is filed in the Family Court, Dhule, HMP
NO.248/2017 for divorce is pending in the Family Court, Dhule. Case
under D.V.Act, bearing No.366/2017 is pending in the Court of JMFC,
(Court No.4) Dhule. Thus, the matrimonial dispute is going on for
long period. As per FIR informant was driven out in the year 2015.
Even in case of such acrimonious relations informant waited for five
long years to lodge FIR. Custodial interrogation is not necessary. This
is fit case to grant pre-arrest bail to applicants. In the result I pass
following order.
ORDER
01. In the event of arrest of accused/applicants No.1] Prasad

Devidas Shimpi, 2] Pushpawati Devidas Shimpi, 3] Priya
Devidas Shimpi, 4] Vaishali Samir Paranjape, 5] Samir
Manohar Paranjape, 6] Madhubala Ashok Kute, 7] Ashok
Vasant Kute, 8] Dipali Prashant (Ahirrao) Shimpi, 8]
Prashant Pralhad (Ahirrao) Shimpi in connection with Crime
No.96/2020 registered with Deopur Police Station, Dhule for
the offences punishable under Sections 498-A, 323, 504, 406
r/w 34 IPC, they be released on execution of P.B. and S.B. of
Rs.15,000/- each with one surety each in the like amount.
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02. Applicants shall attend the concerned police station and they
shall join the investigation as and when called by the
Investigation officer and shall co-operate in investigation.
03. Applicants/accused shall not tamper with the prosecution

witnesses.
04. Inform concerned police station accordingly.

Digitally signed by
Adwait Adwait Dattatraya
Dattatraya Kshirsagar
Date: 2021.02.05
Kshirsagar 17:22:24 +0530
[ A. D. Kshirsagar ]
Date:-05-02-2021. Addl. Sessions Judge,Dhule.
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Certificate
I certify that the contents of this PDF file
are word to word as per Original Judgment/order.
I/c Name of the Steno :- B.T. Sonawane
Name of the Court :- Court of District Judge-2 &
Addl. Sessions Judge, Dhule.
Dictated on :- 05-02-2021.
Transcribed on :- ----
Signed on :- 05-02-2021.
PDF Uploading Date :- 05-02-2021.
Sd/-
Stenographer (G-2)

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1

Criminal Bail Application No.44/2021

Prasad Devidas Shimpi etc.9

Order Below Exh.1

Accused have sought bail under Section 438 of Cr.P.C. in

02. Brief facts of the prosecution case are as under;

03. After initial short period, the accused insisted that

scolded the informant. On 09.09.2015 informant was beaten for

04. The State has opposed bail application on various

05. Ld.Adv.Shri. A. A. Lunkad for the applicants has submitted

06. Ld.APP Shri.G.Y.Patil has submitted that offence is

01. In the event of arrest of accused/applicants No.1] Prasad

03. Applicants/accused shall not tamper with the prosecution

04. Inform concerned police station accordingly.

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