Vivekanand Amarnath Shukla And ANR v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1082 OF 2018 1.

Vivekanand Amarnath Shukla 2.

Gyandevi Vivekanand Shukla 3.

Ashish Vivekanand Shukla ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.Sameer Sarambalkar a/w Ms.Seema Adate, for the Applicants. Mr.A.A.Palkar, A.P.P for the Respondent-State. PSI - Deepak Patil, Samta Nagar Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 27th APRIL, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicants seek their enlargement on bail in connection with C.R.No.651 of 2017 registered with the Samta Nagar Police Station, Mumbai, for the alleged offences punishable under Sections 498(A), 306 r/w 34 of the Indian Penal Code. 3.

Learned Counsel for the applicants submits that the allegations

2/4 as against the applicants are false and baseless, inasmuch as, the applicants had booked a ticket to go for attending a marriage in the family to Janghani on 12th November, 2017 and that Pooja's ticket was also booked alongwith them. He submitted that hence the allegations of the prosecution, that the applicants were refusing to take back Pooja home, are false and baseless.

4.

Perused the papers. The applicant Nos.1 and 2 are the in-laws of deceased - Pooja and applicant No.3 is the brother-in-law. According to the prosecution, Pooja was married to co-accused - Satish Shukla (Applicant Nos.1 and 2's son and Applicant No.3's brother) on 20th February, 2017. According to the complainant-Santoshkumar Dwivedi, his daughter-Pooja was harassed and ill-treated by the applicants and coaccused - Satish; that they were demanding dowry, fridge, cooler etc., and were also suspecting her character. It is alleged that being fed up of the illtreatment and harassment meted out to her, in the matrimonial home, Pooja committed suicide by hanging herself on 22nd November, 2017, at her parent's house. Pooja had left her matrimonial house, 15 days prior to her committing suicide, in her parent's house. The applicants are in custody for

3/4 more than 5 months. Investigation is complete and charge-sheet is filed. 5.

Considering the aforesaid, the application is allowed and the applicants are enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each, with one or two sureties in the like amount; ii) The Applicants shall inform their latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing; iii) The Applicants shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

iv) The Applicants shall co-operate in the conduct of the trial.

4/4 6.

The Application is allowed and disposed of in above terms. 7.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)