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Bombay High CourtBA/1476/2022application allowed

Avinash Shivaji Tate v. The State Of Maharashtra

2022-09-19Hon'Ble Shri Justice R. G. Avachat3 pages

64-BA-1476-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1476 OF 2022 Avinash Shivaji Tate ... Applicant

Versus

The State of Maharashtra ... Respondent ....

Mr. U. B. Bilolikar, Advocate for applicant Mr. A. V. Deshmukh, APP for respondent - State ....

CORAM : R. G. AVACHAT, J.

DATED : 19th SEPTEMBER, 2022 PER COURT :- .

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.0154/2022, registered at Mukhed Police Station, District Nanded, for the offences punishable under Sections 498-A, 323, 306, 304-B read with 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR) and related papers.

(( 2 )) 64-BA-1476-2022 3.

The FIR has been lodged by the father of the deceased on 19.05.2022. It is his case that his daughter Gitanjali (deceased), married the applicant two years back. The applicant and her in-laws would harass her in connection with unlawful demand of money and articles as well. The deceased was starved many a time. She was pregnant as well. Due to the ill treatment, the deceased was compelled to end her life.

4.

The co-accused have been granted bail. On investigation, the charge-sheet has been filed. The deceased did not leave behind suicide note. As such, it is a case of based on oral evidence. It is true that the deceased was pregnant while she committed suicide. Since on investigation, the charge-sheet has been filed. It will take time for commencement and conclusion of trial. The Court is inclined to grant the applicant, bail. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.0154/2022, registered at Mukhed Police Station, District Nanded, for the offences punishable

(( 3 )) 64-BA-1476-2022 under Sections 498-A, 323, 306, 304-B read with 34 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with surety bond of the like amount.

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

[ R. G. AVACHAT, J. ] SMS