Nagnath Shankar Dabhade And Others v. The State Of Maharashtra

9-BA.497.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.497 OF 2022 1.

Nagnath Shankar Dabhade 2.

Niramala Nagnath Dabhade 3.

Saurabh Nagnath Dabhade ..Applicants Vs.

The State of Maharashtra ..Respondent ---- Mr.S.G.Ladda, Advocate for applicants Mr.G.O.Wattamwar, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 13, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.0067 of 2022 registered with Vaijapur Police Station, Aurangabad.

2.

Heard learned counsel appearing for the parties. Learned APP opposed the application.

3.

The applicants are parents in law and brother in law of the deceased.

4.

The FIR has been lodged by the brother of the deceased who committed suicide within a year of her marriage. The applicants

9-BA.497.2022 have been named in the FIR. However, the deceased had typed a message in her cell-phone for being transmitted to her father. Transcript thereof is a part of the charge sheet. Close reading thereof would indicate that the deceased puts entire blame on her husband. She did not state anything incriminating therein against the applicants. Moreover, since the investigation is over, charge sheet has been filed and the suicide note does not state anything incriminating against the applicants, the application deserves to be allowed.

5.

Hence, the following order:- (i) The application is allowed.

(ii) The applicants be released in connection with Crime No.0067 of 2022 registered with Vaijapur Police Station, Aurangabad, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount.

(iii) The applicants shall not tamper with the prosecution evidence in any manner.

[R.G. AVACHAT, J.] KBP