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Bombay High CourtBA/964/2022application allowed

Sanjay Yamaji Mote v. The State Of Maharashtra

2022-08-12Hon'Ble Shri Justice R. G. Avachat3 pages

15-BA.964.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.964 OF 2022 Sanjay s/o. Yamaji Mote ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.S.G.Ladda, Advocate for applicant Mr.S.P.Sonpavale, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : AUGUST 12, 2022 ORDER :- This is an application under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0211 of 2021 registered with Veergaon Police Station, Dist.Aurangabad.

2.

Heard learned counsel appearing for the parties. 3.

The FIR has been lodged by the husband of the deceased on 05.12.2021. It is a case of honour killing. The informant had married one Kishori @ Kirti, daughter of the applicant herein. The applicant and his other family members were opposed to the marriage of the informant and the deceased - Kishori. On 05.12.2021 i.e. within

15-BA.964.2022 six months of the marriage, brother of deceased - Sanket (juvenile in conflict with law) and mother - Shobha (wife of applicant) came to the house of the informant. It was 10 in the morning. The wife of the applicant caught hold of her own daughter - Kishori (wife of informant) and her son Sanket beheaded his sister (wife of applicant). Admittedly, the applicant was not present at the scene of the offence.

4.

Learned APP would submit that the applicant was opposed to the marriage of the informant and the deceased. 5.

Except such opposition, there is, prima facie, nothing to indicate the applicant to have any role in murder of his own daughter.

6.

In view of the above, the Court is inclined to grant the applicant bail. Hence, the following order:- (i) The application is allowed.

(ii) The applicant be released in connection with Crime No.0211 of 2021 registered with Veergaon Police Station, Dist.Aurangabad, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

15-BA.964.2022 (iii) The applicant shall not tamper with the prosecution evidence in any manner.

[R.G. AVACHAT, J.] KBP