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Bombay High CourtBA/298/2015bail granted

Vinit Vikas Raul v. The State Of Maharashtra

2015-02-24Hon'Ble Smt. Justice S.S. Jadhav3 pages

1 29.298.15 ba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 298 OF 2015 Vinit Vikas Raul .....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Kuldeep S. Patil for Applicant Ms. Vira Shinde APP for the State.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : FEBRUARY 24, 2015 PC :

1) Heard. This is an application under section 439 of Code of Criminal Procedure, 1973. Applicant herein is arrested on 28/01/2015 in crime no. 11 of 2015 registered at Karjat Police Station for offence punishable under section 306, 498 (A), 504, 506 r/w 34 of Indian Penal Code. 2) It is the case of prosecution that applicant got married to Snehal on 03/02/2014. It was a love marriage. Applicant was working in private company i.e. Lawal India Co. His wife was working as a clerk in the Panchayat Samiti. On 18/01/2015, wife of the applicant committed suicide by hanging in her matrimonial home. Initially, A.D. no. 3 of 2015 was registered.

2 29.298.15 ba Thereafter, on the basis of F.I.R. lodged by Sushant Kamble on 28/01/2015, crime no. 11 of 2015 was registered against applicant and his mother. 3) Perused papers of investigation, more particularly the extracts from the diary written by the deceased. She was extremely sensitive. She was still living in the dreamland. She could not imagine that her husband was not paying attention to her after marriage, as he did before marriage. She expected his attention all the while. The recitals of the diary would show that she had compared her marital life with son of one Adhal Madam. It appears that she felt lonely and hence, committed suicide. It is pertinent to note that she has not levelled any specific allegations in respect of harassment or ill-treatment or demand of dowry at the hands of present applicant. In view of this, applicant deserves grant of bail. His further incarceration is unwarranted. It is made clear that observations made herein above are prima facie in nature and shall not be considered for quashing of F.I.R., discharge application or at the time of trial.

O R D E R

(i) Application is allowed.

(ii) Applicant be enlarged on bail on furnishing P. R. bond in the sum of Rs. 15,000/- and one or two sureties in the like amount. (iii) Applicant shall co-operate with the investigating agency to the best of his capacity.

3 29.298.15 ba (iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)