Vishwas Ramrao Sonune v. State Of Mah, Thr App Mehkr For P.S. Lonar, Buldhana
1 aba337.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 337 of 2019 Vishwas Ramrao Sonune Vs.
State of Mah. Through P.S. Lonar, Dist. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.R.M. Daga, Advocate for applicant.
Mr. V.P. Maldhure, APP for non-applicant.
CORAM : MANISH PITALE, J.
DATED : JUNE 20, 2019 The applicant herein has approached this Court seeking anticipatory bail in respect of FIR dated 10/05/2019, registered against him and other coaccused for the alleged offences under Sections 498-A and 304-B R/w 34 of the Indian Penal Code.
2.
The applicant herein is the husband of sister-in-law of the victim. As per the prosecution case, the applicant and other co-accused harassed the victim on demand of dowry leading to her death. The husband of the deceased had lodged missing report on 09/5/2019 in respect of the deceased, but, her dead body was found in a nearby well on the very same day. The uncle of the deceased lodged oral report, leading to registration of FIR dated 10/5/2019, wherein the allegations have been made against the applicant and other co-accused.
2 aba337.19.odt 3.
It has come on record that the husband of the deceased is arrested and he is behind bars. The learned counsel appearing for the applicant has submitted that the applicant has been unnecessarily booked by the complainant in the present case and he has no role to play in the incident in question. It is pointed out that the applicant lives in a different village and that no specific allegation is made in the FIR against him.
4.
The learned APP submitted that since the investigation is still being carried out, it was not a case for grant of anticipatory bail to the applicant. It was submitted that the applicant is named in the FIR and that he along with other accused persons had indeed harassed the deceased on the demand of dowry. 5.
Heard learned counsel for the parties and perused the documents placed on record. A perusal of the FIR in the present case shows that the applicant has been named as one of the accused persons and he is husband of sister-in-law of the deceased. The assertion made on behalf of the applicant that he is resident of another village is not denied and it appears that the complainant has named all the close relatives of the husband of the deceased, while lodging the oral report. In the FIR no specific role is attributed to the applicant and all that is stated is that he along with other co-
3 aba337.19.odt accused persons harassed the victim on account of demand of dowry.
6.
Considering the fact that the applicant was not residing in the same house as the deceased and he is resident of another village and the fact that in the FIR general and vague allegations have been made against the applicant, this Court is of the opinion that conditional anticipatory bail can be granted to the applicant.
7.
In view of the above, the present application is allowed.
8.
In the event, the applicant is arrested in Crime No. 112/2019 registered at Police Station Lonar Dist. Buldhana he shall be released on bail on furnishing PR bond of Rs.25,000/- and surety of like amount. The applicant shall co-operate with the investigation. He shall attend the Police Station Lonar Dist. Buldhana once in a week i.e. on Sunday between 10.00 a.m. to 5.00 p.m., till filing of chargesheet. The applicant shall not tamper with the evidence or influence the witnesses.
JUDGE MP Deshpande