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Bombay High CourtBA/426/2021application allowed

Nanita W/O. Yasinkha Bhosle And ANR v. The State Of Maharashtra

2021-04-29Hon'Ble Smt. Justice Vibha Kankanwadi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.426 OF 2021 1.

Nanita w/o Yasinkha Bhosle 2.

Ashwini Upin Bhosle ... Applicants

Versus

The State of Maharashtra ... Respondent ...

Mr. K. A. Ingle, Advocate for applicants.

Mr. A. M. Phule, APP for the respondent.

...

CORAM

:SMT. VIBHA KANKANWADI, J.

DATE : 29-04-2021 ORDER :- .

Both the applicants have been arrested in connection with Crime No.45 of 2021 by Bhoom Police Station, Tq. Bhoom, Dist. Osmanabad for the offences punishable under Sections 498-A, 306 read with 34 of Indian Penal Code. They have filed present application for bail under Section 439 of the Code of Criminal Procedure. 2.

Heard learned Advocate Mr. K. A. Ingle for applicants and learned APP Mr. A. M. Phule for the respondent.

3.

One Khupdan Gangaram Bhosle has lodged the first information report. In the nutshell, it can be said that his daughter Rani got married to one Karan. The present applicants are the sisters of the husband of (1)

deceased Rani. According to the informant, his daughter Rani was harassed by her husband and in-laws under the pretext that she should give divorce to Karan, as they want to perform second marriage of Karan. She then committed suicide on 25.04.2021 by consuming poison. According to the informant, a day earlier i.e. on 24.02.2021, deceased Rani had given phone call to him at about 8.00 p.m. and told that she was assaulted by the in-laws and the informant should fetch her back, otherwise there is danger to her life. Informant also says that deceased Rani was pregnant of five months. He, therefore, says that the present applicants and co-accused had instigated/abetted deceased Rani to commit suicide.

4.

At the outset, it can be seen that the applicants are the married sisters of the husband of the deceased and both of them are resident of Dist. Ahmednagar, whereas deceased Rani was residing at Pathrud, Tq. Bhoom, Dist. Osmanabad. It appears that the FIR is lodged against all the family members. Now, the further physical custody of the applicants is not required taking into consideration the story and the contents of the FIR. The applicants, being the married daughters would be having their domestic responsibility. It would take long time to stand their trial, and therefore, they deserve to be released on bail. Hence, the following order :- (2)

ORDER

1) Application stands allowed.

2) Applicants viz. (i) Nanita w/o Yasinkha Bhosle and (ii) Ashwini Upin Bhosle, who have been arrested in connection with Crime No.45 of 2021, registered with Bhoom Police Station, Dist. Osmanabad, for the offences punishable under Sections 498-A, 306 read with 34 of Indian Penal Code, be released on P.R. and S.B. of Rs.15,000/- each.

3) Applicants shall co-operate with investigation. 4) Applicants shall not involve themselves in any criminal activity.

5) Bail before the Trial Court.

[SMT. VIBHA KANKANWADI, J.] scm (3)