Akshay Sanjay Khedekar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.485 OF 2022 Akshay Sanjay Khedekar ...Applicant Vs.
The State of Maharashtra ... Respondent ---- Mr.Aniket U. Nikam i/b Mr.Vivek N. Arote for the Applicant. Ms.M.R. Tidke, APP for the Respondent-State.
Mr.M.G. Lonkar, PSI, Saswad Police Station, Pune. ---- CORAM : C.V. BHADANG, J.
by NILAM SANTOSH KAMBLE Date: 2022.02.24 18:33:52 +0530 NILAM SANTOSH KAMBLE DATE : 24 FEBRUARY 2022 P.C.
.
The Applicant, who is a stepson of the deceased Shobha Khedekar, apprehending arrest, in connection with the investigation of Crime No.11 of 2022, registered with Saswad Police Station, District-Pune, under Section 306, 304-B, 498A read with Section 34 of Indian Penal Code is seeking anticipatory bail.
2.
The father of the Applicant, was married with the deceased on 24 January 2021. It was second marriage of both the father of the Applicant as well as the deceased. According to the first informant Nikita Kunjir who is the daughter of the deceased from her first marriage, the marriage was settled with the mediation of Sharda Taware who had represented the deceased, N.S. Kamble page 1 of 3
that the father of the Applicant would transfer certain amount and land in favour of the deceased and that was the reason the deceased agreed for her marriage with father of the Applicant. However, neither land was transferred nor the amount was deposited in her name. Hence, the deceased was asking her daughter-first informant to take her away. It was also informed that she is ill-treated by the Applicant and his father. 3.
It appears that the first informant had spoken to the deceased on 26 December 2021 when she informed that the Applicant and his father were quarreling with her. On 27 December 2021 deceased Shobha committed suicide by hanging in the field of the father of the Applicant.
4.
On the basis of the complaint dated 13 January 2022 the offence came to be registered which is under investigation. 5.
I have heard the learned counsel for the parties. Perused record.
6.
A bare perusal of the FIR shows that the only allegations against the Applicants are that he was also asking the deceased to leave their house and on 26 December 2021 the Applicant was quarreling with the deceased.
7.
In my considered view the allegations are of a general nature, without any particulars. The FIR is lodged after a period of 15 days. The perusal of the FIR also shows that the deceased herself was not happy due to the fact that the father of the Applicant had neither transferred any land nor money in her N.S. Kamble page 2 of 3
favour which according to her was one of the considerations for the marriage.
8.
Considering the overall circumstances, I do not find that the custodial interrogation of the Applicant is warranted. Hence, following order is passed.
ORDER
(i) In the event of his arrest in connection with investigation of Crime No.11 of 2021, registered with Saswad Police Station, District-Pune, the applicantAkshay Sanjay Khedekar shall be released on bail on executing a P.R. Bond in the sum of Rs.25,000/-with one or two solvent sureties in the like amount. (ii) The applicant shall report to the Investigating Officer on 3 and 4 March 2022 between 11.00 am to 1.00 p.m. and as and when called by the investigating officer and shall co-operate with the Investigating Agency.
(iii) The Criminal Application is disposed of in the aforesaid terms.
C.V. BHADANG, J.
N.S. Kamble page 3 of 3