Mohan Ramawatar Yadav v. The State Of Maharashtra

70-BA-541-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 541 OF 2023 Mohan Ramawatar Yadav ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Ms. Afreen Shaikh for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 12 APRIL 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 183 of 2022 registered at Pen Police Station, for the offences punishable under Sections 498-A, 306 of Indian Penal Code.

3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

4.

The deceased was the wife of the present applicant. According to the prosecution, the applicant used to suspect the character of the Kanchan P Dhuri 1 / 2

70-BA-541-2023.odt deceased and used to assault her under the influence of liquor. It is alleged that due to said harassment on 30 July 2022, the deceased had consumed poison and committed suicide.

5.

It appears that prior to the alleged incident the deceased and the applicant were married for about 11 years. The applicant is in jail for about 8 months. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Mohan Ramawatar Yadav be released on bail in Crime No. 183 of 2022 registered at Pen Police Station, for the offences punishable under Sections 498-A, 306 of Indian Penal Code, on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two local sureties in the like amount.

(iii) The applicant shall attend the concerned police station once in a month i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of trial.

( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2