Shrikant S/O Ghansham Kachkal v. The State Of Maharashtr

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5154 OF 2016 Shrikant s/o. Ghansham Kachkal ..

Applicant Age. 26 years, Occ. Private Service, R/o. Subhedar Galli, Ahmednagar, Taluka & Dist. Ahmednagar.

Versus

The State of Maharashtra ..

Respondent Mr.R.S. Deshmukh, Advocate for the applicant. Mrs.V.N. Patil-Jadhav, APP for respondent/State. CORAM : A.M. BADAR,J.

DATED :

05.10.2016 P.C. :- 1.

Applicant/accused - Shrikant s/o. Ghansham Kachkal, in Crime No. I-201/2016, registered with Kotwali Police Station, Dist. Ahmednagar, for the offences punishable under section 306, 498-A, 323, 504 read with section 34 of the Indian Penal Code, by this application, is seeking his release on bail, after filing of the charge-sheet.

( 2 ) 2.

Heard learned Counsel for the applicant/accused. He argued that the applicant was arrested on the day of filing of F.I.R. itself and since then he is behind the bar. My attention was drawn to the F.I.R. lodged by father of the deceased.

3.

Learned A.P.P. opposed the application by contending that the marriage was solemnized on 27.11.2015 and death occurred on 15.06.2016. Therefore, according to learned A.P.P., considering the F.I.R. and statements of witnesses, by applying presumption as envisaged in Section 113-A of the Evidence Act, cruelty and resultant abetment can be inferred.

4.

Perused the charge-sheet. According to the prosecution case, applicant - Shrikant married with Pooja on 27.11.2015 and she died suicidal death at his house on 15.06.2016. According to the prosecution case, after 2-3 months of her marriage, the applicant and his relatives demanded Rs.25,000/- for medical treatment of Pooja from her parents. Then there was demand of big LCD TV set and other amount.

5.

After completion of investigation in such type of offence and that too when witnesses are parents of the

( 3 ) deceased and considering allegations, I see no reason to refuse bail to the applicant. Therefore, the following order :-

O R D E R

i) The application is allowed.

ii) Applicant/accused - Shrikant s/o. Ghansham Kachkal, in Crime No. I-201/2016, registered with Kotwali Police Station, Dist. Ahmednagar, for the offences punishable under section 306, 498-A, 323, 504 read with section 34 of the Indian Penal Code, be released on bail on executing P.R.Bond of Rs. 20,000/- [Rupees Twenty Thousand] and on furnishing surety in the like amount.

(iii)As a condition of this Order, the applicant shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation so as to dissuade them from disclosing the same either to the police or the Court.

(iv) The applicant shall not tamper the evidence of the prosecution.

( 4 ) (v) The applicant shall co-operate the trial Court in the expeditious disposal of trial against him.

[A.M. BADAR,J.] /2016/ 16/ snk OCT