Dhanraj S/O Shrikrishna Dahake And Another (In Jail) v. State Of Maharashtra, Through P.S.O. Khallar Police Station, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No.317 of 2015 (Dhanraj Dahake and another V State of Maharashara thr PSO Khallar, ,Tq. Achalpur, Dist- Amravati) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri R.K. Tiwari, Adv for applicants.

Ms Jachak, APP for State.] CORAM : A.B. CHAUDHARI, J.

DATED : 03.07.2015.

Heard the learned counsel for the rival parties.

The applicant No.1 Dhanraj Dahake is working as a technician at Paras M.S.E.B. sub-station. The applicant No.

2 Nilesh Dahake is the resident of village Sakhari, Tq. Anjangaon Surji, Dist Amravati.

Perused the first information report [FIR]. Upon perusal of the FIR it reveals that both the applicants are the sons of Indirabai, who was killed in the house and by transporting her in bullock-cart set her on fire in the field of the applicants'

father. The half burnt body of the deceased was found by the cousin of the applicants and he lodged the report to

the police station and thereafter the investigation was commenced.

The learned Counsel for the applicants argued that there is no direct evidence against the applicants.

In my opinion, the applicant no.2 and the deceased both are the residents of same village. The complainant is also being their close relative and resident of the same place. In view of above, I think the applicant no.2 do not deserves for grant of bail. Insofar as the applicant no.1 is concerned, he is resident of Paras and the employee of MSEB, therefore, I am inclined to release him on bail. That being so, I make the following order :- Order A] The application filed by applicant No.2 Nilesh Dahake for grant of bail is rejected.

B] The application filed by applicant no.1 Dhanraj Dahake for grant of bail is allowed.

C] Applicant no.1 Dhanraj Dahake shall be released on bail on furnishing a PR Bond in the sum of Rs. 20,000/- with one solvent surety in the like amount.

D] Applicant no.1 Dhanraj Dahake shall not enter the boundary of village Sakhari, Tq. Anjangaon Surji, DisttAmravati and would stay at Paras. E] Applicant no.1 Dhanraj Dahake shall attend the Police Station Khallar, Tq. Achalpur, Dist-Amravati on last Sunday of every month till 11.00 a.m. to 04.00 p.m. till trial is completed.

JUDGE Deshmukh