Gulam Rabbani S/O Gulam Rasool And Another v. The State Of Maharashtra And Another
2024:BHC-AUG:26669
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 31 ANTICIPATORY BAIL APPLICATION NO. 1425 OF 2024 1.
Gulam Rabbani S/o. Gulam Rasool 2.
Nazimabegum W/o. Gulam Rabbani .. Applicants
VERSUS
.
The State of Maharashtra and another .. Respondents ...
Advocate for Applicants : Mr. Bagal Suraj R.
APP for Respondent/State: Mr. P. P. Dawalkar ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 11.11.2024 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are apprehending arrest in connection with Crime No.0511 of 2024, registered at Nanded Gramin Police Station, District Nanded, for the offences punishable under Sections 498-A, 306, 34 of IPC. 3] The applicants are the in-laws of the deceased Aayesha. It is the case of the prosecution that the deceased committed suicide on 22.06.2024 on account of harassment and demand of dowry. In the instant case, the husband of the
deceased and the brother-in-law of the deceased has been arrested and released on bail. The application is filed by the father-in-law and mother-in-law of the deceased. Primarily, looking into the statement made by the mother of the deceased given on 23.06.2024, it appears that the deceased had married with the husband in June 2020. Thereafter, in the year 2022 there was a proposal of marriage of younger brother-in-law of the deceased for the younger sister of the deceased initiated by the family of the applicants however, the same was turned down by the family of the deceased. Thereafter, it also appears that on 13.06.2024, when the deceased had visited the house of her parents she had stated to her mother that the husband of the deceased intends to purchase an autorickshaw and that he is asking money for the same.
However, the parents of the deceased refused stating that they do not have the money. Thereafter, on 22.06.2024, the victim committed suicide. Thus, the complainant / mother of the deceased stated that all the in-laws and the other family members has harassed the deceased and, as such, she committed suicide. Looking at the statement of the mother it appears that there is a specific case made out qua the husband that he had asked for money and for others there is no specific allegation that the money was demanded by the applicants. 4] As such, the interim protection granted by order dated 21.08.2024 is confirmed.
5] In view of the above, the application is allowed
in the following terms :
i] In the event the applicants are arrested in connection with Crime No.0511 of 2024, registered at Nanded Gramin Police Station, District Nanded, for the offences punishable under Sections 498-A, 306, 34 of IPC, they shall be released on bail on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants shall attend the police station as and when called by the Investigating Officer. iii] The applicants shall not tamper with the evidence of the prosecution in any manner. The applicants shall not influence the informant, witnesses and other persons concerned with the case.
iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
6] In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled.
7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
8] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE marathe