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Bombay High CourtBA/1344/2022application allowed

Shalini W/O. Vikas Taiday v. The State Of Maharashtra

2022-09-07Hon'Ble Shri Justice R. G. Avachat3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1344 OF 2022 Shalini w/o Vikas Taiday ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. R.D. Biradar, Advocate for applicant Mr. S.P. Sonpawale, A.P.P. for respondent - State, assisted by Mr. Mukul S. Kulkarni, Advocate for intervener .......

WITH CRIMINAL APPLICATION NO.2911 OF 2022 Smt. Sayali Ashwin Tayade ... APPLICANT

VERSUS

Shalini w/o Vikas Taiday & anr.

... RESPONDENT .......

Mr. Mukul S. Kulkarni, Advocaxte for applicant Mr. R.D. Biradar, Advocate for respondent No.1. Mr. S.P. Sonpawale, A.P.P. for respondent No.2 - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

7th SEPTEMBER, 2022.

PER COURT :

Criminal Application No.2911/2022 is allowed. The original complainant is permitted to assist learned A.P.P.

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2.

Heard. This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.76/2022, registered at Deopur Police Station, Dhule for the offences punishable under Sections 376, 376(2)(n), 376(2)(f), 354, 354-A, 498-A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (Sessions Case No.137/2021). 3.

The learned A.P.P. and the learned counsel for the intervener have strong reservations to grant the bail application.

4.

The applicant is a 64 year old woman. The report submitted by the Superintendent of Jail indicates, she has not been keeping well. She has been hospitalized in jail. On investigation, the charge sheet has been filed. Without going into the merits of the matter, the Court is, therefore, inclined to grant her bail. Hence the order :-

O R D E R

(i) The Bail Application is allowed.

(ii) The applicant be released on bail in connection with

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Crime No.76/2022, registered at Deopur Police Station, Dhule for the offences punishable under Sections 376, 376(2)(n), 376(2)(f), 354, 354-A, 498-A, 406, 323, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (Sessions Case No.137/2021) on her executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount. (iii) The applicant shall not tamper with the prosecution evidence.

( R. G. AVACHAT, J. ) fmp/-