Kumar Vibhuti Bhushan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Cri. BAIL APPLICATION NO. 2161 OF 2018 Kumar Vibhuti Bhushan ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. Aniket U. Nikam, Advocate for the Applicant. Miss. Pallavi N. Dabholkar, APP for the State. PSI - Mahendra Aher, Sanghavi Police Station, Pimpri Chanchawad, Pune, is present.

--- CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : SEPTEMBER 12, 2018.

PC :

This is an application under Section 439 of Criminal Procedure Code, filed by the aforesaid applicant, who has been arrested in C.R. No. 303 of 2018, registered with Sanghvi Police Station, Dist. Pune, for offences punishable under Sections 306, 304(b), 498A, 323, 504 & 506 read with section 34 of the IPC.

Heard Mr. Aniket Nikam, learned counsel for the applicant, Miss. Pallavi Dabholkar, learned APP for the State. by Shalikram Pralhadrao Borey Date: 2018.09.18 19:11:38 +0530 Shalikram Pralhadrao 1/4

Perused the records and considered the submissions advanced by the learned Counsels for the respective parties. The applicant was married to Manisha Kumari on 22.06.2017. She committed suicide on 23.06.2018. The brother of deceased - Manisha lodged the FIR against the applicant and his family members, alleging that they were demanding dowry and they had subjected deceased - Manisha to cruelty.

The applicant was arrested on 26.06.2018 and he is presently in the judicial custody. The FIR, prima facie, reveals that the allegations leveled against the applicant are similar to those leveled against other members of the applicant's family. By order dated 31.07.2018 passed in ABA No. 1522 of 2018, this court had already granted pre-arrest bail to the parents of the applicant.

The learned APP submits that the investigation is complete and the chargesheet will be filed within 3 to 4 days. Thus presence of the applicant is not required for the purpose of investigation.

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Considering the above facts and circumstances, in my considered view the applicant herein is entitled for bail on the same terms and conditions. Hence, the following order : (i) The Bail Application is allowed.

(ii) The Applicant be released on bail in C.R.

No. 303 of 2018, on his furnishing bail bonds of Rs. 25,000/-, with one or more solvent sureties in the like amount to the satisfaction of the concerned Investigating Officer.

(iii) The applicant shall furnish his permanent and temporary addresses, if any, and his contact details to the Investigation Officer.

(v) The applicant shall not change his residential address without prior intimation to the Investigation Officer.

(vi) The applicant shall not interfere with the 3/4

complainant/first informant, other witnesses and shall not tamper with the evidence in any manner.

(iii) The applicant shall report to the Investigating Officer, as and when called, till conclusion of the trial.

Needless to state that the above observations are only for the purpose of deciding this bail application and shall not be construed as an expression of opinion on the merits of the case.

The criminal bail application is disposed of. (SMT. ANUJA PRABHUDESSAI, J.) .....

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