Surayabhan Bhaurao Kale v. The State Of Maharashtra

2024:BHC-AUG:13287

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 BAIL APPLICATION NO. 1005 OF 2024 SURYABHAN BHAURAO KALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. P. M. Nagargoje h/f Mr. M. P. Kale. APP for Respondent-State : Ms. D. S. Jape.

...

CORAM : S. G. MEHARE, J.

DATE :

05.07.2024 PER COURT :- 1.

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

2.

The applicant seeks bail in Crime No.216 of 2024, registered with Ausa Police Station, District Latur, for the offences punishable under Sections 304-B, 306 323, 504, 506 read with Section 34 of the IPC.

3.

The FIR reveals that the matrimonial life of the deceased was not happy. She was residing at Pune along with her inlaws. Her in-laws were also residing at Ausa. However, due to discord with her husband, she consumed poison. Applicant and his family members took her to hospital. She was treated

there for three (3) days. The report was lodged after 13 days, after her death.

4.

Learned counsel for the applicant submits that there is great possibility of lodging the report after thought involving other family members. Nothing is to be recovered from him. He is 74. Hence, he may be released on bail. 5.

Learned APP opposed the application. She would submit that the death was caused in her matrimonial house. She was harassed by doubting her chastity and dowry. Hence, he may not be released on bail.

6.

The FIR reveals that the matrimonial life of the deceaed and her husband was not happy. They were quarreling for various reasons. Everything from the spot of the incident has been recovered. Nothing is to be recovered from the applicant. His detention would serve no purpose. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant SURYABHAN BHAURAO KALE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with

one solvent surety of like amount, on the following conditions :

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

(b) He shall attend the trial on each and every date.

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

vmk/-