Sayyed Ilahi Sayyed Rashid v. The State Of Maharashtra

2024:BHC-AUG:2009 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 BAIL APPLICATION NO. 85 OF 2024 Sayyed Ilahi Sayyed Rashid ..APPLICANT -VERSUSThe State of Maharashtra ..RESPONDENT ...

Advocate for Applicant : Mr. Siddiqui Sohel E. APP for Respondent/State : Mrs.Pratibha J. Bharad Ms.Sunita G. Sonawane, advocate for complainant .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 30th JANUARY, 2024.

PER COURT :- 1.

The applicant is seeking bail in connection with crime No.470 of 2023 registered with Pundliknagar Police Station, Aurangabad, for the offences punishable under sections 306, 498-A, 323, 504, 506 read with 34 of the Indian Penal Code. 2.

It is averred in the report by the informant that his daughter was treated with cruelty by her husband and his nephew by demanding money frequently. Therefore, his daughter has committed suicide in his house by hanging. She left the suicidal note in her handwriting, which is seized, in which she made allegations against her husband and his nephew.

3.

The learned advocate for the applicant submitted that the

-2applicant is brother-in-law of the daughter of the informant. There are no specific allegations against him that he harassed her by demanding money etc. The applicant is falsely implicated in the crime. He lastly prayed for granting bail.

4.

Heard learned APP for the respondent/State and Ms.Sunita Sonawane, learned advocate for assisting to the prosecution. They both submitted that the applicant is involved in the serious crime. The daughter of the informant committed suicide though she begotten baby boy and left the suicidal note in detail. It is lastly prayed to reject the application.

5.

Perused the papers of investigation and FIR. Suicidal note does not disclose any overt act on the part of this applicant. The allegations are made against the husband and his nephew by the daughter of informant. There is no incriminating, prima facie, material against the applicant. The applicant has roots in the society. He will not flee away from the trial. Considering all these aspects, the application deserves to be allowed on certain conditions. Hence, the following order.

O R D E R

I.

Application is allowed.

II.

The applicant in connection with crime No.470 of 2023 registered with Pundliknagar Police Station, Aurangabad, for the offences punishable under sections 306, 498-A, 323, 504,

-3506 read with 34 of the Indian Penal Code, be released on bail on furnishing personal bond of Rs.15,000/- with one surety of the like amount on following conditions:- a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence in any manner.

(SANJAY A. DESHMUKH, J.) sga