Popatlal Mithulal Gupta v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2854 OF 2017 Popatlal Mithulal Gupta ... Applicant V/s.

The State of Maharashtra ... Respondent ---- Mr. S.G. Deshmukh, a/w. Devendra Pawa, i/by Kabul Labena for the Applicant.

Smt. S.S. Lohekare, APP for the Respondent State. CORAM : A.S.GADKARI, J.

DATE : 9th JANUARY 2018 P.C.:

.

The applicant is apprehending arrest in CR No.I-516/2017 registered with Manpada Police Station under Sections 498(A), 323, 306 r/w. 34 of the Indian Penal Code.

2.

The applicant is the father-in-law of deceased Priyanka Gupta. It is the prosecution case that the deceased Priyanka was married with accused No.1 Mr. Sandip Gupta (son of the applicant). That all the accused-persons thereafter caused mental torture and harassment to the 1/3

said Priyanka, due to which she committed suicide by hanging on 08.09.2017 at her matrimonial house. During the course of investigation, the applicant came to be arrested on 09.09.2017 and after completion of investigation, police have submitted charge-sheet. 3.

Perused the charge-sheet.

4.

It is submitted by the learned Counsel for the applicant that the other in-laws of the deceased have already been released on bail by the learned Dist. Judge - 2 & Additional Sessions Judge, Kalyan. 5.

The statement of first informant i.e. the father of deceased Priyanka and other statements on record prima-facie indicate that the allegations made against the applicant and other in-laws pertaining to harassment are general in nature. Prima-facie it further appears that the main allegations regarding demand of dowry have been made against the husband i.e. Sandip Gupta. Apart from general allegations made against the applicant, primafacie it appears that, there is no other overt act is attributed to him. The applicant has been arrested on 09.09.2017 and since then he is in jail. The investigation is already completed, and therefore, no purpose will be served by further keeping the applicant in incarceration. 2/3

6.

In view of the above the applicant can be released on bail. 7.

Hence, the following order.

a) The applicant be released on bail in CR No.I-516/2017 registered with Manpada Police Station on his furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount. (b) The applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

8.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3