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Bombay High CourtAPPLN/2896/2016disposed off

Mukund S/O Bhausaheb Gaikwad v. The State Of Maharashtra

2016-06-15Hon'Ble Shri Justice Nitin W. Sambre4 pages

1 Cri. Appln. 2896-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2896 OF 2016 Mukund S/o Bhausaheb Gaikwad .. Applicant Vs.

The State of Maharashtra .. Respondent .....

Mr. Sandeep B. Gorde Patil, Advocate for the applicant Mr. S.Y. Mahajan, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 15/06/2016 ORAL ORDER :

Heard.

2.

The applicant is seeking pre-arrest bail in Crime no.I-42 of 2016 registered at Sangamner Police Station, Dist. Ahmednagar for the offences punishable under section 302, 201, 498-A, 504, 506 r/w. 34 of the Indian Penal Code.

3.

The alleged incident took place between 7/4/2016 and 9/4/2016 for which the FIR came to be lodged on 9/4/2016.

2 Cri. Appln. 2896-2016 4.

It is case of the prosecution that the sister of the complainant - Gopinath, namely, Nanda was married about 12 years back to Rajendra Aher. The family members of Rajendra were ill treating her and were demanding dowry. As such, for nonfulfillment of the demand, the family members alongwith the present applicant has murdered her, resulting into registration of the crime in question.

5.

Learned counsel for the applicant submits that the applicant is no way related or connected with the crime in question and is falsely implicated. He would then urge that the applicant is available for investigation and there are no criminal antecedents. As such, the applicant be released on bail in the event of his arrest.

6.

Learned A.P.P. has assisted me through the investigation papers and submitted that this Court may pass appropriate orders.

3 Cri. Appln. 2896-2016 7.

Upon perusal of the investigation papers, it is required to be noted that there is hardly any material to connect the applicant to the crime in question. The applicant is also no way related to the other accused persons or the complainant. In view thereof, the following order:- 8.

In the event of the arrest of the applicant in Crime no.I-42 of 2016 registered with Sangamner Police Station, Dist. Ahmednagar for the offences punishable under section 302, 201, 498-A, 504, 506 r/w. 34 of the Indian Penal Code, he be released on bail upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount.

9.

The applicant shall attend the concerned Police Station on 25th and 26th June, 2016 between 10 am and 12 noon and thereafter as and when called by the Investigating Officer.

4 Cri. Appln. 2896-2016 10.

The applicant shall not tamper with the prosecution evidence.

11.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-