Rakeshkumar S/O. Maiyadeen Verma (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Ghughus Dist. Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 823 OF 2017 ( Rakeshkumar S/o Maiyadeen Verma ..vs..State of Maharashtra, through PSO.PS.Ghughus,District-Chandrapur) Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri S.V.Sirpurkar,Advocate for applicant.

Shri Indranil Damle, A.P.P. for State-non-applicant. CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 6, 2017 This is an application for grant of regular bail. Heard learned counsel for the applicant and learned A.P.P. for State-non-applicant.

The applicant is arrested in connection with Crime No.389/2017,P.S.Ghughus,District-Chandrapur for the offence punishable under Sections 498-A, 306,304-B read with Section 34 of the Indian Penal Code.

Primarily, the bail application is opposed by the learned A.P.P. by filing reply that the investigation is in progress and chargesheet is not filed. However, at the same time, fair to the Court he submits that the entire investigation is over except recording of the statements of relatives of deceased who reside in Uttar Pradesh. He submits that all the articles are already seized.

Anita committed suicide in the house of the present applicant on 29/6/2017. The F.I.R. is lodged on 1/7/2017. The learned A.P.P. from the investigation papers submits that though the statements of the independent witnesses are recorded his submission is that those statements are not helpful to the prosecution.

There is delay in filing of the F.I.R. The entire investigation except recording of statements of relatives of deceased are yet to be recorded who are residing in Uttar Pradesh. Therefore, it is clear that present applicant cannot influence them. Looking to the nature of the accusations, investigation papers I am of the view that applicant has made out a case for releasing him on bail.

ORDER

I) The application is allowed.

II) Applicant Rakeshkumar S/o Maiyadeen Verma be released on bail in Crime No.389/2017, P.S.Ghughus,District-Chandrapur for the offence punishable under Sections 498-A, 306, 304-B read with Section 34 of the Indian Penal Code on he executing P.B. of Rs. 25000/- with one solvent surety in the like amount.

III) The applicant shall attend P.S.Ghughus, DistrictChandrapur once in a week i.e. every Sunday in between 3.00 p.m. to 5.00 p.m. till the filing of the

chargesheet.

IV) After filing of the chargesheet, the applicant shall attend P.S.Ghughus, District-Chandrapur once in a month i.e. last Sunday of every month till the culmination of the trial.

With this the application is disposed of.

JUDGE Kitey