Santoshsingh S/O Devisingh Solanki v. The State Of Maharashtra, Thr. Police Station House Officer, Pso Wathoda, Nagpur

909.aba.92.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.92 OF 2022 Shri Santoshsingh S/o Devisingh Solanki

Versus

State of Maharashtra, through Police Station House officer, P.S.O. Wathoda, Nagpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri U.K. Bisen, Advocate for the applicant.

Shri S.A. Ashirgade, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 16/03/2022 1.

The applicant is seeking pre-arrest bail in Crime No.24 of 2022, dated 18.01.2022 registered with Police Station Wathoda, Nagpur (City) for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code against seven accused persons including the applicant who is the husband of the deceased Dnyaneshwari. 2.

The alleged incident took place on 21.12.2021 and the complaint came to be lodged on 18.01.2022. In the complaint, the allegations are that the deceased was indifferently treated in her in law's house and there is one more allegation against the applicant i.e. because of some quarrel, the applicant took the deceased to her parents house where she stayed for 15 days and later on, the applicant brought her back to house. Thus, except the allegation that deceased was given indifferent treatment, no C.L.Dhakate

909.aba.92.2022.odt specific allegations are there in the First Information Report. Even after perusal of the Case Diary, prima facie no incriminating material is found against the applicant showing his involvement in the alleged offence. Furthermore, the custody of the applicant is not necessary in the present matter. Hence, I am of the opinion that the applicant is entitled for prearrest bail. Accordingly, I pass the following order: a) The application is allowed.

b) Order passed by this Court on 08.02.2022, granting ad interim anticipatory bail, is confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

The criminal application is disposed of, accordingly. [ANIL S. KILOR, J.] CHETAN LOPCHAND DHAKATE 17.03.2022 18:35 C.L.Dhakate