Yuvraj Ramesh Kakade v. The State Of Maharashtra

1/3 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1559 OF 2017 Yuvraj Ramesh Kakade ..Applicant.

Vs.

The State of Maharashtra ..Respondent ----- Mr. P.G. Sarda for Applicant.

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

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

DATE : 11th September 2017.

P.C.

1] This is an application under Section 439 of Cr. P.C. for bail in CR No.117 of 2017 dated 9.3.2017 registered with Barshi Police Station, District- Solapur under Sections 306 and 498(A) of the Indian Penal Code. 2] It is the prosecution case that, the deceased Smt. Archana Kakade married to applicant on 6.7.2010. That out of the said wedlock, a daughter aged about 5 years as of today is born. The applicant used to suspect about the character of deceased Smt. Archana and also used to demand money for drinking liquor. The applicant used to harass and beat

2/3 deceased Smt. Archana. Due to the same, Smt. Archana on 8.3.2017 at about 11.30 p.m. committed suicide by hanging herself in the residential premises. During the course of investigation, the applicant came to be arrested on 9.3.2017. After completion of investigation, police have submitted chargesheet.

3] The record indicates that, on the date of incident the applicant was not inside the residential premises where the deceased committed suicide. He had been to other place and when he came to home, he observed that the premises was locked from inside. When the door of the premises was opened by the applicant with the help of neighbours, they found that deceased Smt. Archana had hung herself to the horizontal iron rod of the roof of house with the aid of saree. The daughter of applicant on the date of incident was residing in the neighbourhood. The investigation of the present crime is completed and final report is submitted. It is submitted that there are no antecedents at the discredit of the applicant.

4] In view thereof, this Court is of the view that, the applicant can be released on bail.

Hence the following Order:

(i) The applicant be released on bail in CR No.117 of 2017

3/3 registered with Barshi Police Station, District-Solapur on his furnishing PR bond of Rs.20,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from the jail, the applicant shall attend the Barshi Police Station 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) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

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