Namdeo Nana Avhad v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 BAIL APPLICATION NO.903 OF 2023 WITH APPLN/2183/2023 IN BA/903/2023 PRAVIN RAJENDRA AVHAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Kulkarni Rashmi S. APP for Respondent-State : Mr. Y. G. Gujrathi. Advocate for Complainant to assist APP : Mr. R. P. Patwardhan. ...

CORAM : S. G. MEHARE, J.

DATE : 23.06.2023 PER COURT :- 1.

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

2.

The applicant is seeking bail in Crime No.351 of 2023, registered at MIDC Police Station, District Ahmednagar, for the offence punishable under Section 306 of the IPC. 3.

It is a case of harassment of the college going girl by the applicant, who was the driver on the Van used for going to the college. It was alleged against the applicant that he was harassing the deceased on mobile phone and consistently chatting with her on Whats App. When she made the

complaint, he was removed from his job. However, as per the allegations, he continued to harass her. The incident happened on 23.04.2023 in her house. She was alone in her home. In her evening, when her father returned from his job, he saw the deceased hanging to a iron pipe.

4.

On the basis of the above allegations, the applicant was arrested. He is languishing in jail for two months. His mobile phone has already been recovered. As per the investigation papers, the applicant made a last call to deceased on 19.04.2023. The prosecution has nothing to point out that there was a communication between the victim and the applicant after 19.04.2023 or messages or phone calls were there. Therefore, it is to be examined whether the applicant abetted the deceased to commit suicide. That apart, nothing is to be recovered from the applicant. The material investigation appears to have been completed. There are no antecedents to his discredit. Therefore, the applicant deserves bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant PRAVIN RAJENDRA AVHAD be released on bail on furnishing P.B. and S.B. of Rs.50,000/-

(Rupees Fifty Thousand only) with one solvent surety of the like amount, in Crime No.351 of 2023, registered at MIDC Police Station, District Ahmednagar, for the offence punishable under Section 306 of the IPC, on the following conditions :

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

(b) He shall attend the Police Station as and when called by the Investigating Officer on written notice till filing the charge sheet.

(iii) Criminal Application No.2183 of 2023 to assist the learned APP is allowed.

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

vmk/-