Dnyaneshwar S/O Hiraman Lokhande v. The State Of Maharashtra, Thr. Pso Police Station Barshitakli, Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 807 OF 2021 (Dnyaneshwar s/o Hiraman Lokhande..vs..State, thr PSO, PS Barshitakli, Dist. Akola) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Mr. A.S. Londhe, counsel for applicant.

Mrs. K.R. Deshpande, APP for non-applicant /State. CORAM: ROHIT B. DEO, J.

DATE: 06.09.2021.

Heard.

2.

The applicant is seeking bail in connection with Crime 17/2021, registered with Police Station Barshitakli, Dist. Akola, for offences punishable under sections 304-B, 306, 498-A read with section 34 of Indian Penal Code.

3.

The applicant is the only accused, who is denied bail. The four co-accused including the parents of the applicant and Mrs. Sunita, with whom the applicant allegedly has illicit relationship, are released on bail.

4.

The wife of the applicant unfortunately took the extreme step within a month of the marriage. There are primarily two allegations. The first is that the applicant and his parents demanded Rs. 2 lacs to enable the applicant to start some business and the other allegation is that the deceased saw the applicant and co-accused Mrs. Sunita in an inappropriate position. The latter of the allegation may not strictly fall in the category of illtreatment meted out in connection with dowry demand and the former allegation is a general allegation levelled against the co-accused, who are released on bail.

5.

In this view of the matter, I am not inclined to continue the incarceration of the applicant. 6.

This Application is allowed subject to the following conditions:

(i) The applicant be released on bail in connection with Crime 17/2021, registered with Police Station Barshitakli, Dist.Akola, for

offences punishable under sections 304-B, 306, 498-A read with section 34 of Indian Penal Code, on executing PR bond of Rs. 16,000/- (Rupees Sixteen Thousand) with one solvent surety of the like amount;

(ii) The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence;

(iii) The applicant shall not leave the country without the permission of the trial Court.

Judge Belkhede