1 Cri. Bail Application No.
384/2025
Cri. Bail Appl. No.384/2025
CNR No. MHOS010018192025
Atul Shivajirao Durgude
..V/s..
The State of Maharashtra
ORDER BELOW EXH.1
1] This is an application filed under section 483 of the
B.N.S.S. for regular bail in Crime No.401/2025 registered with
Dharashiv (City) Police Station, Dist. Osmanabad, for the offence
punishable under section 108 r.w. 3(5) of B.N.S.
2] In short, it is case of the prosecution that, informant
Kalpana Tatyasaheb Jagdale lodged the F.I.R. stating therein that,
from some days her husband was in stress due to money transaction.
From last 6 to 7 months present applicant and other accused persons
namely Mahesh Mali and Anil Ghodke were harassing her husband
on account of money transaction. They are threatening and abusing
her husband by making phone call. Due to mental harassment her
husband committed suicide on 25.07.2025 in between 01.0 to 03.00
hours. One suicide note was found in their house therein it is
written that, present applicant and Mahesh Mali were responsible
for suicide. Hence, F.I.R. lodged against the present
accused/applicant and co-accused Mahesh Mali and Anil Ghodke.
3] In this application, it is contended by the applicant that,
he has not committed any offence. He is falsely implicated in the
crime. He has fixed place of residence and possessing immovable
property. He will not tamper the prosecution evidence. He is ready
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to co-operate investigating machinery, if he released on regular bail.
4] I.O. and A.P.P. have filed their say vide Exh.9 and Exh.10
respectively and resisted the application. They have contended that,
the offence is serious in nature. Deceased Tatyasaheb Jagdale and
present applicant taken an amount of Rs. 14,00,000/- and
transferred said amount through RTGS to Sachin Kale for giving
Government job to Vishnu Ghodke and Amol Jadhv and out of said
transaction there was dispute and therefore deceased committed
suicide. He may tamper the prosecution evidence and pressurize the
witnesses. Hence, prayed for rejection of the bail application.
5] Heard learned A.G.P. Shri. M.B. Deshmukh. He submits
that the offence is serious in nature. The investigation is in progress
and therefore present bail application be rejected.
6] On the other hand, learned advocate Shri. Warudkar for
the applicant submits that, there is no evidence to show the
involvement of this accused in the alleged crime. The present
applicant falsely implicated in this crime. He is ready to abide each
and every conditions imposed by the Court. Hence, he be released
on bail.
7] I have considered the arguments of both the sides and
also gone through the application and reply / say of the prosecution.
The allegations leveled against the accused is for the offence
punishable under Section 108 r.w. 3(5) of B.N.S. The offence
punishable under section 108 of BNS is triable by the Court of
Sessions and it is punishable to the extent of ten years imprisonment
and fine.
3 Cri. Bail Application No. 384/2025
8] From the record it appears that present applicant is
arrested on 23.08.2025. From the police papers it appears that
Present applicant and deceased Tatyasaheb Jagdale taken an
amount of Rs. 14,00,000/- and transferred said amount through
RTGS to Sachin Kale for giving Government job to Vishnu Ghodke
and Amol Jadhv. However, job was not given to Vishnu Ghodke and
Amol Jadhav. Out of said transaction deceased committed suicide.
9] One suicide note was found in the house of deceased
wherein it was mentioned that present accused, Mahesh Mali and
Anil Ghodke are responsible for the death of the deceased. Thus
from the above evidence prima-facie it appears the involvement of
the present accused in the present crime. Investigation is still in
progress. The informant and present accused reside in the same lane
at Dharashiv, therefore, at this stage it is not desirable to release the
accused on bail. Hence, considering the nature of offence, material
on record and investigation is in progress, the present application
deserves to be rejected. Hence, I pass the following order.
ORDER
The regular bail application is rejected.
Digitally signed by
RAJESH KADUBAL
KHOMANE
Date: 2025.09.15
17:24:26 +0530
Date :- 15.09.2025 [ R. K. Khomane ]
Additional Sessions Judge-5,
Dharashiv (Osmanabad).
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CERTIFICATE
I affirm that the contents of this PDF file Order/Judgment
are same word to word as per the original Order/Judgment.
Name of Stenographer M. M. Kashikar
Stenographer Grade-I
Name of Court Additional Sessions Judge-5,
Osmanabad
Date of order/Judgment 15.09.2025
Date of order/judgment 15.09.2025
signed by presiding officer.
Judgment/Order uploaded on 16.09.2025
