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Bombay High CourtBA/1447/2017bail granted

Nilesh Anil Garud v. The State Of Maharashtra

2017-09-19Hon'Ble Shri Justice A.S. Gadkari3 pages

1/3 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1447 OF 2017 Nilesh Anil Garud ..Applicant Vs.

The State of Maharashtra ..Respondent ----- Mr. Dipak Churi for Applicant.

Mr. S.R. Agarkar, APP for State.

----- CORAM: A.S. GADKARI, J.

DATE : 19th September 2017.

P.C.

1] This is an application under Section 439 of Cr. P.C. for bail in CR No.I-199 of 2016 dated 28.11.2016 registered with Manmad Police Station, District- Nashik under Section 498A, 306, r/w 34 of the Indian Penal Code.

2] The first information report is lodged by Shri Suresh S. Shinde, father of deceased Smt. Ravina. Applicant is the husband of deceased Smt. Ravina. It is the prosecution case that, the marriage between the applicant No.1 and deceased Smt. Ravina took place on 26.6.2016.

2/3 That the applicant and his parents used to harass deceased Smt. Ravina by demanding the expenses incurred by them for performing the said marriage of the applicant and Smt. Ravina. That Smt. Ravina due to said consistent harrasment and demand, Smt. Ravina committed suicide at her matrimonial house on 22.11.2017 at about 4.00 p.m. During the course of investigation, the applicant came to be arrested on 28.11.2016. After completion of investigation, police have submitted chargesheet. 3] As stated earlier, it appears from the record that it is the allegation against the applicant and his parents that they used demand expenses incurred by them for performing marriage of the applicant and Smt. Ravina (deceased) and due to the same harassment, Smt. Ravina committed suicide. The record indicates that on the date of incident, applicant was not present at his residence and had been to his working place and after intimation from the neighbours, he rushed to the spot. 4] In view of the above, applicant can be released on bail. Hence the following Order:

(i) The applicant be released on bail in CR No.I-199 of 2016 registered with Manmad Police Station, District-Nashik on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

3/3 (ii) After their release from the jail, the applicant shall attend Manmad Police Station, District-Nashik once in month i.e. on every 1st Monday of the said month between 11.00 a.m. to 2.00 p.m.

(iii) The applicant shall also attend all the dates before the Trial Court.

(iv) Any two consecutive defaults in complying with the aforesaid conditions, shall attract the provisions of cancellation of bail.

(v) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(vi) Application is allowed in the aforesaid terms. (A.S. GADKARI,J.)