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Bombay High CourtBA/1134/2020disposed off

Mayuri D/O. Sanjay Dange v. The State Of Maharashtra

2020-10-15Hon'Ble Shri Justice V.K. Jadhav4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 BAIL APPLICATION NO.1134 OF 2020 WITH CRIMINAL APPLN NO.1813 OF 2020 IN BA NO.1134 OF MAYURI D/O. SANJAY DANGE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Jadhav Kiran D And Y.R.Suradkar APP for Respondent : Mrs D S Jape Mr P P More Advocate for Assist to APP ...

CORAM : V.K. JADHAV, J.

Dated: October 15, 2020 ...

PER COURT :- 1.

Heard. For the reasons stated in the criminal application application no.1813 of 2020, the same is allowed in terms of prayer clause 'B' and disposed off. 2.

The applicant in bail application no.1134 of 2020 is seeking regular bail in connection with Crime No.410 of 2020 registered with Kadim Jalna Police Station, Jalna, District Jalna for the offences punishable under sections 307, 494, 498-A, r/w 34 of the Indian Penal Code. Her application bearing CMP

(Bail) No.1269 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge-2, Jalna, vide order dated 16.9.2020 3.

Learned counsel for the applicant submits that the applicant is 19 years of age having no criminal history. She is behind bars since 4.9.2020 in connection with the present crime. The applicant allegedly is the second wife of co-accused Satish. The informant is the first wife of co-accused Satish. It has been alleged that on 3.9.2020 co-accused (husband) has tried to strangulate the informant with the head phone wire and it has been further alleged that the present applicant caught hold hands of the informant during that process. The applicant may be released on bail.

4.

Learned A.P.P. assisted by advocate Mr. More has strongly resisted the application on the ground that prima facie there is strong case against the applicant. The applicant caught hold the hands of the informant and co-accused husband Satish constricted the neck of

the informant with the help of head phone wire. There is medico-legal certificate indicating ligature marks alongwith contusions and abrasions. Prima facie, there is strong case against the applicant. The applicant may not be released on bail.

5.

On going through the allegations made in the complaint and on perusal of the investigation papers and further considering the age of the applicant, the allegations and the alleged overt act on her part, I am inclined to grant bail to the applicant with certain conditions. Hence, following order.

O R D E R

I.

Application is hereby allowed.

II.

Applicant MAYURI D/O. SANJAY DANGE in connection with Crime No.410 of 2020 registered with Kadim Jalna Police Station, Jalna, District Jalna for the offences punishable under sections 307, 494, 498-A r/w 34 of the Indian Penal Code be released on bail on furnishing P.B. of Rs.15,000/- (Rs. Fifteen Thousand) with one surety of the like amount, on the following conditions :-

a] The applicant shall not tamper with the prosecution evidence, in any manner.

b] The applicant shall make herself available as and when required by the investigating officer in carrying out further investigation into the crime, if any.

III.

Bail application is accordingly disposed off. ( V.K. JADHAV, J. ) ...