Nagnath @ Nagorao S/O Kishan Tarfe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1196 OF 2022 Nagnath @ Nagorao Kishan Tarfe ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. D.M. Shinde, Advocate for applicant Mr. R.B. Bagul, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 24th AUGUST, 2022 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicant has been arrested in connection with Crime No. 79 of 2022 registered with Basamba Police Station, Dist. Hingoli for the offences punishable under Sections 304B and 498A read with Section 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report ("F.I.R.") and related police papers.

3.

The F.I.R. has been lodged by mother of the deceased on 13th April, 2022. The applicant was the husband of the deceased - Pallavi, who 1 / 3

committed suicide by hanging at her matrimonial home within twenty days of her marriage. Learned A.P.P., therefore, has strong reservation to grant the application. According to him, the applicant and in-laws would harass the deceased in connection with unlawful demand of household articles such as refrigerator, sewing machine, etc. The deceased was ill-treated even on account of her not being expert in cooking.

4.

There is no suicide note. The nature of evidence is oral i.e. allegations of demand of dowry. The applicant has been behind the bars for little over four and half months. On investigation, charge-sheet has been filed. Since it will take time for commencement and conclusion of trial, the Court is inclined to grant the applicant bail. 5.

In view of above, the application deserves to be allowed. Hence I pass the following order :-

ORDER

(I) The bail application is allowed.

(II) The applicant be released, in connection with Crime No. 79 of 2022 registered with Basamba Police Station, Dist. Hingoli for the offences punishable under Sections 304B and 498A read with Section 34 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount.

2 / 3

(III) The applicant shall attend the concerned police station once in a week i.e. on every Sunday at 10.00 a.m. till conclusion of trial.

(IV) The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3