Ashok Bhimrao Bhosale v. The State Of Maharashtra And Another

2024:BHC-AUG:8009 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 530 OF 2024 Ashok Bhimrao Bhosale ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. S.B. Choudhari, Advocate for applicant.

Mr. S.P. Sonpawale, APP for State.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 17th APRIL, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No. 65/2024, registered with Ambajogai Police Station, Dist. Beed, for offences punishable under sections 306, 304(B), 498-A, 323, 504, 506 r/w 34 of Indian Penal Code.

2.

FIR is lodged by Amit Shinde stating that marriage of his sister Bhagyashri was performed with Sushant Ashok Bhosale resident of Benapur, Taluka- Khanapur, District- Sangli, on 08.05.2018. A girl child was born out of the wedlock. Bhagyshri was treated well for only one year after marriage and thereafter all her in-laws started ill treating her for bringing Rs. 2 Lakhs from parents to purchase a machine used in goldsmith shop.

{2} Bhagyshri used to tell about ill treatment meted out to her whenever she used to visit her maternal home. Thereafter, her in-laws again ill treated her for bringing Rs. 15 lakhs from the her parents for purchasing land at native place of in-laws. On 03.05.2023, when Sushant husband of Bhagyshri visited Lonvire, Taluka- Sangola, Rs. 2 Lakhs cash was paid to him and he was requested not to ill treat Bhagyshri. On 14.11.2023, when applicant and his wife went to parental house of Bhagyshri at that time, informant's father paid Rs. 3 Lakhs to applicant in the presence of father-in-law of informant. Thereafter, also ill treatment to Bhagyshri continued. On 12.02.2024, Bhagyshri committed suicide.

3.

Heard learned advocate for applicant and learned APP for State. Perused the investigation papers. 4.

Husband of Bhagyshri is already arrested and he is in jail. Other co-accused are granted anticipatory bail. There is five days delay in lodging FIR. Except allegations made in the FIR and statement of father-in-law of informant, prima facie, there is no material connecting applicant to the present crime. Investigation appears to be on the verge of completion. Considering the age of applicant and as nothing is to be

{3} recovered from him, he is entitled for relief. 5.

In the result, application is allowed by confirming interim protection granted to applicant by order dated 3rd April, 2024.

6.

Till filing of charge sheet, applicant shall attend the concerned police station as and when called by investigating officer and shall co-operate in the investigation. Applicant shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI, J.]