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Bombay High CourtABA/162/2022disposed off

Manoj S/O Prabhakarrao Keole v. State Of Mah. Thr. Pso G.R.P. Badnera Amravati Tq. And Dist.Amravati

2022-03-28Hon'Ble Shri Justice Anil S. Kilor2 pages

1 14-aba-162-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (MANOJ PRABHAKARRAO KEOLE....VS.. STATE OF MAH. THR. PSO PS GRP BADNERA, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B.Kasat, Advocate for Applicant.

Shri M.J.Khan, A.P.P. for Non-applicant /State. CORAM : A NIL S. KILOR , J.

DATED : MARCH 28 , 20 .

1.

Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.34/2022, registered with Police Station, Badnera, District : Amravati (Nagpur Railway) for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code. It is alleged that because of harassment at the hands of the accused, the deceased committed suicide. It is submitted that the Suicide Note was found with the deceased.

3.

I have perused the case diary and also I have gone through the Suicide Note. Prima-facie, the Suicide Note does not disclose what sort of harassment was there. Moreover, the incident took place on 16/08/2021 and the F.I.R. was lodged on 26/02/2022 i.e. after six months.

2 14-aba-162-22 4.

The learned A.P.P. submits that earlier Merg was registered. After the report lodged by the brother of the deceased, the crime/F.I.R. was registered against the applicant and another accused.

5.

As, prima-facie, there is no incriminating material available which would attract the offence punishable under Section 306 of the Indian Penal Code, I am inclined to confirm the ad-interim protection granted to the applicant vide order dated 15/03/2022. Hence, the following order:

i) The application is allowed.

ii) The order dated 15/03/2022, granting adinterim anticipatory bail, is hereby confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

The Criminal Application stands disposed of accordingly.

JUDGE RRaut..

Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY