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Bombay High CourtAPPLN/1355/2015disposed off

Someshawar @ Sandeep S/O Vasant Wagh v. The State Of Maharashtra And Another

2015-04-07Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 1355.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1355 OF 2015 Someshwar @ Sandip s/o Vasant Wagh .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. R.S.Kasar, Advocate for Applicant.

Mrs. V.A.Shinde, A.P.P. for Respondent - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 7th APRIL, 2015 .............................

PER COURT :

1.

By the present Criminal Application, the applicant is seeking his enlargement on anticipatory bail in the event of his arrest in connection with Crime No. 115/2015 for the offences punishable u/s 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and u/s 3 and 4 of Dowry Prohibition Act registered with police station Mukundwadi, Aurangabad, district Aurangabad.

2.

Heard Mr. R.S.Kasar, learned Counsel for the applicant and Mrs. V.A.Shinde, learned A.P.P. for respondent

2 Cr.Apln. 1355.2015 - State.

3.

The applicant is husband of the first informant. Their marriage was solemnized on 27/04/2013. The couple is having one daughter. The F.I.R. is lodged on 19/02/2015. With the assistance of the learned counsel for the applicant and the learned A.P.P. for the State, I have gone through the F.I.R. The allegations are general in nature. Further, even according to the F.I.R., the first informant was driven out of her matrimonial house on 15/01/2015. However, the report is lodged on 19/02/2015. Delay speaks in volume for itself. Further, the custody of the applicant, in view of the nature of the accusations made in the F.I.R., is not warranted. 4.

Hence, I pass the following order :

(i) The present Criminal Application is hereby allowed.

(ii) In the event of his arrest, in connection with Crime No. 115/2015 for the offences punishable u/s 498-A, 323, 504, 506 read with 34 of the Indian Penal Code and u/s 3 and 4 of Dowry Prohibition Act registered with police station Mukundwadi, Aurangabad, district Aurangabad, applicant Someshwar @ Sandip s/o Vasant Wagh be released on anticipatory bail on he executing P.R. Bond of Rs. 5,000/- [Rupees Five Thousand] with one solvent surety of like amount.

3 Cr.Apln. 1355.2015 (iii) The applicant shall attend police station Mukundwadi, Aurangabad once a week preferably on Sunday between 2.00 p.m. and 4.00 p.m.

(iv) With these observations, the present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1355.2015