Ajinath S/O Abarao Rokade v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 978 OF 2023 Ajinath s/o Abarao Rokade Applicant

Versus

The State of Maharashtra Respondent Mr. Imran Khan Guftar Khan Durrani, advocate for the applicant. Mr. S. N. Morampalle, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 17th JULY, 2023.

PER COURT :

1.

Applicant is the husband of the deceased who committed suicide on 20th May, 2023. The frst informant is the brother of the deceased who stated that the deceased married present applicant eight years back and that the applicant used to beat the deceased for demand of Rs. 1,00,000/- for purchasing new car. In the First Information Report itself, it is stated that applicant had informed the informant that his wife is having illicit relations with cousin brother of the applicant and that the said cousin brother used to pressurise and threaten her to make their relationship public.

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Learned counsel for the applicant states that the marriage between the applicant and deceased is performed eight years back and that there is no previous complaint of causing harassment to the wife by the applicant. It is submitted that from the First Information Report itself, it is clear that the co-accused with whom there were illicit relations of the deceased, used to threaten and blackmail her. According to him, there is nothing on record to indicate that the present applicant has abetted or instigated the act of commission of suicide by the deceased.

3.

Learned APP opposed the application by relying upon the statements of witnesses recorded during the course of investigation. 4.

Even if the First Information Report is accepted as it is, there is nothing to indicate that the present applicant was in any way responsible for the act of commission of suicide by his wife. It is crystal clear from the statement of the witness as well as from the First Information Report that the co-accused with whom the deceased had illicit relations used to threaten and blackmail her. Thus, it could be a case of abetment of act of commission of suicide by deceased against the co-accused but not against the present

- 3 - applicant. Hence, application is allowed in terms of the interim order.

( R. M. JOSHI) Judge dyb