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Bombay High CourtAPPLN/464/2015disposed off

Vinayak Eknath Dalvi v. The State Of Maharashtra

2015-02-11Hon'Ble Shri Justice T.V. Nalawade3 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 464 OF 2015 VINAYAK EKNATH DALVI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Jadhavar Santosh S. APP for Respondent: Mr. N. B. Patil.

*** CORAM: T. V. NALAWADE, J.

DATED: 11th FEBRUARY, 2015.

PER COURT:

1.

The application is filed for bail. Both the sides are heard.

This Court has perused the papers of investigation.

2.

The crime is registered on the basis of report given by one Asaram, father of the deceased. Deceased was given in marriage to the present applicant on 12th May, 2013. It is the case of the complainant that he has given dowry of Rs.1 Lakh. He has also borbn the expenses of the marriage. It is his case that at the time of settlement of the marriage, side of the husband had

-:(2):- asked him to give the amount in hand and solemnise the marriage at the time of engagement ceremony itself. It is his case that the deceased used to disclose that the husband and relatives were saying that the complainant had made unnecessary expenses at the time of marriage ceremony and that amount could have been given to the husband. On that count there was ill-treatment to her. Allegations are made that 5 to 6 days prior to the date of incident the relatives of husband of the deceased asked deceased to bring some amount as some treatment was to be given to her. The treatment in respect of fertility was given. The incident in question took place on 2nd October, 2014. She sustained burn injuries in bath room in her matrimonial house.

3.

No dying declaration was given by the deceased. This Court has seen the record which includes the spot Panchanama. In view of the nature of material collected, this Court holds that it is not desirable to keep the applicant behind bars till the disposal of the case. The applicant is behind bars since October, 2014. 4.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing P.R. & S.B. of Rs.15,000/-.

-:(3):- 5.

He is not to tamper the prosecution witnesses. Hs is not to commit similar offence. He is not to enter Vanjar Galli, Aagadgaon, Taluka and District Ahmednagar till the disposal of the case.

[T. V. NALAWADE, J.] Dt.11/02/2015 ans/464