Dinesh Aananda Rokade v. State Of Maharashtra
2023:BHC-AS:24044
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1122/2023 DINESH AANADA ROKADE ..APPLICANT VS STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Paras Yadav for the Applicant.
Ms. Rutuja Ambekar, APP for the State.
------------ CORAM : M. S. KARNIK, J.
DATE : AUGUST 23, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
This is an application for bail by the applicant in connection with First Information Report (FIR) No.322 of 2021 dated 10/07/2021, registered with Chikhli Police Station, Pimpri-Chinchwad, for the offence punishable under Sections 498-A, 306, 323, 504 read with 34 of the Indian Penal Code, 1860.
3.
The FIR was registered on 10/07/2021. The marriage was solemnised on 18/10/2020 and the deceased committed suicide on 01/04/2021. In the FIR, it is alleged 1/4
that on 01/04/2020 the deceased informed her mother/complainant that the applicant was demanding a sum of Rs.2,00,000/- (in words Rupees Two Lakhs) for the business purpose. There are further allegations that the deceased suspected the applicant of having an extramarital affair.
4.
Though the incident is dated 01/04/2021, there is a delay of 3 months and 10 days in lodging the FIR. The applicant came to be arrested on 16/09/2021 and is now in custody for almost 1 year and 11 months. The trial is likely to take a long time to conclude. It is also informed that even the charge is not yet framed. According to the learned counsel for the applicant, the relatives of the applicant i.e. accused Nos. 2 to 5 have been released on bail by this Court by order dated 07/09/2021.
5.
Learned APP opposed the application by contending that the demand made by the applicant for money was proximate to the time the deceased committing suicide. According to her, this is not a fit case where the applicant can be released on bail.
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6.
There is a delay in lodging the FIR. There are no criminal antecedents against the applicant. The applicant does not appear to be a flight risk. The investigation is complete and the charge-sheet is filed. Taking an overall view of the matter, continued custody of the applicant will only amount to pre-trial punishment. Conditions can be imposed on the applicant while releasing him on bail. The observations are limited to deciding the present application. Hence, the following order:
O R D E R
(a) The applicant- Dinesh Aanada Rokade in connection with FIR No.322 of 2021 dated 10/07/2021, registered with Chikhli Police Station, Pimpri-Chinchwad, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount. (b) The applicant shall report to the Investigating Officer of the Chikhli Police Station once in a month, every first Monday of the month, between 11.00 a.m. and 1.00 p.m.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any 3/4
person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.
(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change. 7.
The application is disposed of.
(M. S. KARNIK, J.) 4/4