Gorakh S/O Sopan Tribhuwan And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5215 OF 2015 1.

Gorakh s/o Sopan Tribhuwan, Age 32 years, Occu. Agril., R/o Wanjargaon, Taluka Vaijapur, District Aurangabad 2.

Jalindar Sopan Tribhuwan, Age 27 years, Occu. Agril, R/o Wanjargaon, Taluka Vaijapur, District Aurangabad ..Applicants

Versus

- The State of Maharashtra, through the Veergaon Police Station, Taluka Vaijpuar, District Aurangabad ..Respondent Mr N.P. Ghanwat, Advocate for applicants Mr G.O. Wattamwar, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 16th October 2015 PER COURT Heard learned Counsel for applicants and leaned A.P.P. 2.

This is an application for grant of regular bail in Crime No.I92/2015 registered at Veergaon Police Station, District Aurangabad, for offences punishable under Sections 306, 498-A, 323, 504, 506 read with Sec.34 of Indian Penal Code.

2.

The alleged incident took place some time on 30th August 2015 for which the offence came to be registered on 1st September 2015. The real brother of the applicants namely Machindra Sopan Tribhuwan was married with the complainant's sister Sangita. Sangita's body

was found in a well resulting into registration of crime in question. The first information report reflects that present applicant, his real brother Machindra used to torture her for dowry. 3.

The applicants were arrested on 1st September 2015. So far as the applicants herein are concerned, there are allegations made against them that they are also responsible for the alleged act mentioned in the first information report. Apart from above, there is mention in the investigation papers about the involvement of the applicants in the commission of crime in question, however, it appears that all the family members of the accused are implicated by the complainant.

4.

In view thereof, in my opinion, it will be appropriate to order release of the applicants, as further detention of the applicants will be hardly of any assistance to the investigating agency. Hence, I proceed to pass the following order.

(I) The applicants be released on bail in connection with Crime No.I-92/2015 registered at Veergaon Police Station, District Aurangabad, for offences punishable under Sections 306, 498-A, 323, 504, 506 read with Sec.34 of Indian Penal Code, upon furnishing P.R. Bond of Rs.10,000/- (Rs. Ten thousand) with one surety in the like amount, by each;

(II) The applicants shall not enter the jurisdiction of Veergaon Police Station till filing of charge-sheet.

5.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr