Sanjay Kirtik @ Kirti Chudasama v. The State Of Maharashtra And Another

2024:BHC-AUG:10650 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 883 OF 2024 Sanjay Kirtik @ Kirti Chudasama

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondent/State : Mr. S.M. Ghanachari ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 12, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seeks bail in Crime No.810 of 2023 registered with Sadar Bazar Police Station, District Jalna for the offence punishable under Sections 306, 304-B, 498-A, 34 of the Indian Penal Code.

3.

A newly married wife committed suicide within ten months of her marriage. Usual allegations of ill-treatment for demand of dowry have been made. However, the solitary incident dated 08.10.2023 is important wherein it has been stated by the mother of the deceased who had been to her house to meet her, that deceased was asking her mother to go with her as they were harassing her. The husband denied her to go with her mother and then she

(2) committed suicide. The accused had an explanation that on that day in the house of his maternal uncle, there was a post death ceremony. Therefore, she was not allowed to go with her mother. The parents of the deceased were residing in the same town in another locality. 4.

Reading the material incident dated 08.10.2023, it reveals that probably it is the first time wherein the vague allegations of harassment to her have been made. She hanged herself in the room having no injuries other than the ligature marks. Other relatives have stated stereographically alleging the ill-treatment to the deceased for demand of dowry.

5.

Considering the mishap in case of like nature and the solitary incident, this Court is of the view that detention of the applicant would be unjustifiable. The Court is aware that the charges levelled against the applicant are serious but prima facie, there were no complaints against the applicant before the incident. The trial may take its own time. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Sanjay Kirtik @ Kirti Chudasama, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that;

(3) (a) The applicant shall attend the trial on each and every date.

(b) The applicant shall not tamper with the prosecution witnesses.

(S.G. MEHARE, J.) Mujaheed//