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Bombay High CourtABA/2104/2023application allowed

Madhukar Shankarrao Kamble And Others v. The State Of Maharashtra And Another

2024-03-27Hon'Ble Shri Justice N. B. Suryawanshi3 pages

2024:BHC-AUG:6725 {1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.2104 OF 2023 Madhukar Shankarrao Kamble and Others APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Sudarshan J. Salunke, Advocate for the applicants Mr. R. B. Dhaware, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 27 th MARCH, 2024 ORDER :

1.

Applicants apprehend arrest in connection with Crime No. 280 of 2023 registered with Talwada Police Station, District - Beed for offence punishable under sections 306, 304 (b), 498A read with 34 of the Indian Penal Code.

2.

FIR is lodged by Vimalbai Chhagan Inkar alleging that her daughter Kajal was married to co-accused Dhamma Madhukar Kamble. Applicants and Dhamma were ill-treating Kajal for demand of Rs.70,000/- to purchase motorcycle and for gold ring. Informant gave understanding to Kajal and sent her for cohabitation at her marital house. On 28th October, 2023, applicant No.3 Amol made phone call to Kajal's father and informed that Kajal was serious and was admitted in Civil

{2} Hospital, Georai. When the informant and others reached there, they saw dead body of Kajal.

3.

Heard learned advocate for applicants and learned APP for the State. Perused the papers of investigation. 4.

Husband of deceased - Dhamma @ Dhamma Kirti s/o Madhukar Kamble was arrested on 3rd November, 2023 and he is released on bail by the Trial Court, vide order dated 29th November, 2023.

5.

Allegations against applicants appear to be general in nature and no specific instance is quoted in the FIR. Interim protection was granted to applicants by order dated 21st December, 2023 and they have co-operated in the investigation. Nothing is to be recovered from applicants, hence their pre-trial custodial detention is not necessary.

6.

Application is, therefore, allowed.

7.

In the event of arrest of applicants in connection with Crime No. 280 of 2023 registered with Talwada Police Station, District - Beed, applications be released on executing Personal Bonds and Surety Bonds of Rs.15,000/- with one surety each in the like amounts.

{3} 8.

Till filing of the charge sheet, applicants shall attend the concerned police station as and when called by the Investigating Officer and shall co-operate in the investigation. Applicants shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba2104-23.doc