Tukaram Shivram Kamble v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.693 OF 2024 Tukaram Shivram Kamble ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Sushrut Jadhawar, for the applicant.

Mr. Sameer Mangaonkar, APP, for the Respondent/State. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.07.03 14:18:45 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

2ND JULY, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.119 of 2023, registered with Salgarwasti Police Station, Dist: Solapur for the offences punishable under Sections 498A, 323, 504 and 506 of the Indian Penal Code (for short, 'IPC') and Section 3 of Dowry Prohibition Act.

3.

The allegations against the applicant who is the husband of the informant, are of ill treatment meted out to the informant, wife. 4.

The applicant is in jail from 18.07.2023 i.e. for about 1

year and in the meantime the charge-sheet came to be filed after completing the investigation.

5.

Considering the allegations made in the FIR, coupled with the material collected during the investigation and the nature of the evidence on record, I am of the opinion that further custody of the applicant is not necessary in the present matter. 6.

In the circumstances, though the learned APP opposed the present application on the ground that he has given threat to the informant, however, in view of the observations made hereinabove, I am of the opinion that while granting bail if certain stringent conditions are imposed, the purpose would be served. 7.

In the circumstances, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.119 of 2023, registered with Salgarwasti Police Station, Dist: Solapur for the offences punishable under Sections 498A, 323, 504 and 506 of the Indian Penal Code (for short, 'IPC') and Section 3 of Dowry Prohibition Act, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall not enter into the territorial jurisdiction of Tal: Solaour, till the conclusion of the trial;

iv) The applicant shall attend the said Police Station on 1st and 16th day of every month between 12.00noon to 2.00p.m., till the conclusion of the trial except on the date of trial;

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

vi) Liberty is granted to the State to apply for cancellation of bail if the applicant commits similar offence.

vii) The applicant shall attend the trial before the Special Court regularly on every date unless exemption is granted by the Special Court.

8.

The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)