Sanika Sanjay Adhikari v. State Of Mah. Thr. Pso Ps Chamorshi, Distgadchiroli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC-CRIMINAL APPLICATION (BA) NO. 929 OF 2020 (Smt. Sanika Sanjay Adhikari, Tah. Chamorshi, District Gadchiroli (In Jail) Vs. State of Maharashtra) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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Shri R.R. Vyas, Advocate for the applicant.

Shri V.A. Thakare, A.P.P. for the non-applicant. CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 17, 2020.

Heard Shri Vyas, learned counsel for the applicant and Shri Thakare, learned A.P.P. for the non-applicant through Video Conferencing.

2.

The applicant is said to be arrested on 25/06/2020 in connection with Crime No. 363/2020 dated 24/06/2020 registered at Police Station, Chamorshi, District Gadchiroli for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

3.

It is the case of the prosecution that the applicant is having illicit relationship with the coaccused (son-in-law of the informant). The applicant along with the said co-accused used to harass the daughter of the informant. Fed-up with that harassment, the deceased committed suicide by consuming poison and therefore, the report came to be lodged against the present applicant and the coaccused (husband of the deceased).

4.

Learned A.P.P. opposed the bail application mainly on the ground that if the applicant is released on bail, there is every likelihood of pressurizing the prosecution witnesses by the present applicant.

5.

A perusal of the application, affidavit-inreply and the documents annexed, at this stage, does not reflect any direct instigation or abetment on part of the present applicant to the deceased for committing suicide. The allegation that the present applicant and the co-accused used to beat the deceased is omnibus and general in nature. That as per the prosecution, the investigation is completed and the chargesheet is likely to be filed soon. 6.

In the given facts, this Court is of the opinion that a fit case for grant of bail is made out. Hence, the following order :-

ORDER

i) The Criminal Application is allowed.

ii) The applicant be released on bail on her furnishing PR bond in the sum of Rs.15,000/- with one solvent surety in the like amount.

iii) The applicant shall not leave the local jurisdiction without prior intimation to the concerned Police Station.

iv) The applicant shall not in any manner tamper with the evidences.

7.

The Criminal Application is disposed of accordingly.

8.

This order be communicated to the counsel appearing for the parties, either on the email address or on Whats app or by such other mode, as is permissible in law.

JUDGE Sumit