Sagar Ulhas Gaikwad v. The State Of Maharashtra And ORS
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION No.682 OF 2016 Sagar Ulhas Gaikwad .Applicant Vs.
The State of Maharashtra .Respondent Mr.T.Sonawane, Advocate, for the Applicant Mr.A.Sait, APP, for the Respondent - State CORAM :
REVATI MOHITE DERE, J.
DATE : 31.03.2016 P.C.
.
Heard learned counsel for the Applicant and the learned APP for the Respondent - State. 2.
By this Application, the Applicant seeks his enlargement on bail in connection with C.R.No.113 of 2015 registered with the Lasalgaon Police Station, District - Nasik(Rural), for the alleged offences punishable under Sections 304B, 306, 323, 498A, 504, 506 r/w.34 of the Indian Penal Code.
3.
The Complainant-Lata Bholenath Shinde is the mother of the deceased. She has alleged that the Applicant and all the family members i.e. in-laws and sisters-in-laws were demanding a sum of Rs.1,50,000/- from her daughter Anjali. She has alleged that due to non-fulfillment of the said amount, all the accused were harassing, ill-treating & threatening Anjali. On 28.10.2015 the Complainant's daughter Anjali committed suicide.
4.
Learned counsel for the Applicant submitted that the allegations against the Applicant and all the co-accused i.e. in-laws and sisters-in-laws are similar. He submitted that all the co-accused have been enlarged on bail.
5.
Learned APP does not dispute the fact that all the co-accused have been enlarged on bail.
6.
Perused the charge-sheet. It appears that there are allegations of demand of Rs.1,50,000/- by all the accused and consequently, harassment, ill-treatment and threatening, on account of non-fulfillment of the same. The allegations are against all the accused. All the other co-accused have been enlarged on bail. Charge-sheet is filed.
7.
Considering the aforesaid, the Applicant is also granted bail on the following terms & conditions:
ORDER
(i) The applicant be enlarged on bail, on executing PR Bond in the sum of Rs.10,000/- with one or two sureties in the like amount;
(ii) The applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case; (iii) The applicant to cooperate with the conduct of the trial;
(iv) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the applicant's bail.
8.
The Application is allowed in the aforesaid terms and is accordingly disposed of. 9.
It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
Parties to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)