Rohan Ravindra Ohol And ORS v. The State Of Maharashtra

Nikita 1 / 5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.144 OF 2024 Rohan Ravindra Ohol and Ors. ...Applicants NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2024.01.20 11:01:41 +0630 versus The State of Maharashtra .... Respondent Mr. Ranjeet M. Pawar, for the Applicant.

Ms. Mahalakshmi Ganapathy, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 18th JANUARY 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R. No.1253 of 2023, registered at Daund Police Station, Pune on 12th December 2023, under Sections 306, 498-A, 316, 304-B, 504, 506 read with 34 of IPC.

2.

Heard Mr. Ranjeet Pawar, learned counsel for the Applicants and Ms. Mahalakshmi Ganapathy, APP for the State. 3.

The FIR is lodged by the mother of the deceased Shweta. The Applicant No.1 is the brother-in-law, the Applicant No.2 is the sister-in-law and the Applicant No.3 is the mother-in-law of the

2 / 5 deceased Shweta. The Applicant No.4 is their relative. 4.

The FIR mentions that Shweta got married with Rohit Ohol i.e. the brother of the Applicant No.1 on 5th July 2021. It was a love marriage and it was against the wish of the family. The FIR mentions that initially, Shweta was treated properly by her husband and the present Applicants. But subsequently, all of them started ill treating her in respect of household work, cooking etc.. There are specific allegations against her husband, that he was telling her that since it was a love marriage, he did not get anything from Shweta's parents and that he was repenting to have got married with her. It is specifically mentioned that he told Shweta to bring Rs.2,00,000/- and one gold ring for himself. On that count he used to abuse and threaten her. He used to force her to do household work all by herself.

On one occasion, he drove her out and told her that unless she brought Rs.2,00,000/- and a gold ring, she should not come back. Thereafter, the informant and her family met Shweta's husband and others. Shweta's husband was given one gold ring.

3 / 5 more, but again the same things was repeated. 5.

On 3rd March 2022, she delivered her first son. She again got pregnant but the ill treatment continued and she committed suicide by hanging herself on 20th December 2023. On these allegations the FIR is lodged.

6.

Learned counsel for the Applicants, submitted that the Applicant Nos. 1 and 2 are students and they are preparing to appear for MPSC examination. There are no specific allegations against any of the Applicants. The main allegations are against the husband who is already arrested. The Applicants' custodial interrogation is not necessary.

7.

Learned APP, produced the investigating papers before the Court. The postmortem notes showed that the deceased had committed suicide by hanging herself. There was a ligature mark around neck. There were no other injuries. At the time of her death, she was pregnant.

8.

There are statements of Shweta's brother and maternal aunt as well as brother's wife. They have supported the allegations in the FIR.

4 / 5 9.

I have considered these submissions. The incident is really unfortunate. The deceased had committed suicide when she had a one year old child and when she was pregnant. The allegations in the FIR are specific against Shweta's husband. There are specific allegations and instances showing the ill treatment, meted out to her by her husband. He is already arrested. 10.

As far as the other Applicants are concerned, there are general allegations about ill treatment. Specific instances and specific roles regarding ill treatment are not mentioned. Therefore, their exact roles and their complicity in the offence would be a matter of the trial. At this stage, their custodial interrogation is not necessary. The Applicant Nos. 1 and 2 are preparing to appear for MPSC examination. If at this stage, they are arrested, their career and future would be in serious trouble. They will face irreparable harm if they are arrested. Therefore, taking overall view of the matter, I am inclined to grant protection under Section 438 of Cr.Pc. to these Applicants. 11.

It is made clear that these observations are restricted to passing of this order and the Trial Court in future shall not be

5 / 5 influenced by the observations in deciding the Trial 12.Hence, the following order :

O R D E R

(i) In the event of their arrest in connection with C.R.No.1253 of 2023 registered at Daund Police Station Pune, the Applicants are directed to be released on bail on their executing PR bond in the sum of Rs.30,000/- (Rs.Thirty Thousand Only) each with one or two sureties each in the like amount.

(ii) The Applicants shall co-operate with the investigation.

(iii) The Anticipatory Bail Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)