Kaushal Piraji Bhosale v. The State Of Maharashtra

2024:BHC-AS:2633 Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2976 OF 2023 Kaushal Piraji Bhosale ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Atul R. Patil (through Video Conference), Advocate for the Applicant. Ms. M. H. Mhatre, APP for the Respondent-State. CORAM : MADHAV J. JAMDAR, J.

DATED : 19th JANUARY 2024 P. C.

1.

Heard Mr. Patil, learned Counsel appearing for the Applicant and Ms. Mhatre, learned APP appearing for the Respondent-State. 2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:- 1.C. R. No.

2.Date of Registration of F.I.R.

05/07/2023 3.Name of Police StationTalegaon M.I.D.C., Taluka-Maval, DistrictPune 4.Section/s invoked 306, 498-A, 323, 504 of I.P.C.,1860 5.Date of Incident 03/07/2023 6.Date of Arrest 05/07/2023 7.Date of filing of September 2023 1/5

Charge-sheet 3.

As per the prosecution case, the marriage between the Applicant and the deceased-Pradnya was solemnised on 11th May 2023 and the deceased died by suicide on 3rd July 2023. As per the prosecution case, the deceased was ill-treated by the Applicant who also demanded money from her. The Applicant was aware of the strained financial condition of the deceased and her family and yet made exorbitant demands and also ill-treated the deceased and for these reasons, the deceased died by suicide.

4.

The Applicant has been arrested on 5th July 2023. The Chargesheet is filed in September 2023. There are a total of 16 witnesses as per the Charge-sheet. The trial is unlikely to conclude any time soon and is likely to take a considerably long time. The Applicant does not have any criminal antecedents.

5.

Mr. Patil, learned Counsel appearing for the Applicant states that as several witnesses are from Taluka-Maval, District-Pune the Applicant will therefore not reside within Taluka-Maval, District-Pune and that the Applicant will reside at C/o. Atul Chandrakant Jadhav, R/at. Akash Banglow, Near Datta Mandir, Chincholi, Taluka-Haveli, 2/5

District-Pune 412101.

6.

The Applicant does not appear to be at 'flight risk'. 7.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. In view thereof, the following order:-

O R D E R

(a) The Applicant- Kaushal Piraji Bhosale be released on bail in connection with C.R. No.154 of 2023 registered with the Talegaon M.I.D.C. Police Station, Taluka-Maval, District-Pune on his furnishing P. R. Bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall not enter the Taluka-Maval, District-Pune after being released on bail, except for reporting to the Investigating Officer, if called and for attending the trial.

(c) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer while residing outside TalukaMaval, District-Pune and shall keep the same updated, in case there is any change.

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(d) The Applicant shall report to the Dehu Road Police Station, Taluka-Haveli, District-Pune once every week, on every Sunday between 11.00 a.m. and 1.00 p.m. till the conclusion of the trial. The Police Inspector of Dehu Road Police Station, Taluka-Haveli, District-Pune to communicate details thereof to the Investigating Officer.

(e) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(f) The Applicant shall not tamper with the evidence and shall not contact or influence the complainant or any witnesses in any manner.

(g) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(h) The Applicant shall surrender his passport, if any, to the Investigating Officer.

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8.

The Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 5/5