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Bombay High CourtABA/2674/2019anticipatory bail rejected

Indumati Shankar Barbole v. The State Of Maharashtra

2019-12-06Hon'Ble Shri Justice Prakash D. Naik2 pages

Sajakali Jamadar 1 of 2 910-ABA-2674-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2674 OF 2019 Indumati Shankar Barbole ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Ujwal R. Agandsurve, Advocate for the Applicant. Mr. Prashant Jadhav, APP for the State-Respondent. Mr. Ravindra Teltumbade, API, Karmala Police Station, Present. .....

CORAM :

PRAKASH D. NAIK, J.

DATE : 6th December, 2019 PC :

1.

This is an application for anticipatory bail in connection with C.R. No. 608 of 2019 registered with Karmala Police Station, Dist. Solapur, for offfences punishable under Sections 304-B, 498-A, 323, 504, & 506 and r/w Section 34 of Indian Penal Code ("IPC"for short).

2.

The FIR was lodged on 13th September, 2019 by the uncle of the deceased. The deceased was married to accused No.1, two months prior to incident. The complainant mentions that the deceased was ill treated by the accused. There was demand of dowry, harassment, assault etc. The deceased had consumed poison, she died.

Sajakali Jamadar 2 of 2 910-ABA-2674-19.doc 3.

Learned counsel for the applicant submitted that the FIR contains vague allegations. The deceased was not happy since she was from city and she did not like the village. There are no previous complaints. No statements of neighbours to support the prosecution case. The investigation is completed. The custodial interrogation of the applicant is not necessary. The husband of the deceased is in custody. The daughter of applicant is granted anticipatory bail. 4.

On perusal of the FIR, it appears that the victim was subjected to harassment. Overt act has been attributed to the applicant. The incident of consuming poison which resulted into death had occurred within two months from the date of the marriage of the victim. In these circumstances, no case for grant of anticipatory bail is made out.

O R D E R

Anticipatory Bail Application No. 2674 of 2019 stands rejected.

(PRAKASH D. NAIK, J.)