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Bombay High CourtBA/3170/2024allowed

Akash Chhabu Chavhan v. State Of Maharashtra

2024-09-20Hon'Ble Shri Justice Anil S. Kilor2 pages

1 of 2 37-BA-3170-24.doc Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3170 OF 2024 Akash Chhabu Chavhan Applicant versus The State of Maharashtra Respondent Mr. R. J. Kasliwal, Advocate for Applicant.

Mrs. Priyanka Rane, APP, for State.

Mr. S. K. Gosavi, PSI, Present.

CORAM :

ANIL S.KILOR, J.

DATE :

20th SEPTEMBER, 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.11 of 2024 registered with Sinnar Police Station, Nashik, for the offences punishable under Sections 306, 304-B, 323 and 504 read with Section 34 of the Indian Penal Code, 1860.

3.

Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that though the deceased and the applicant were residing separately from other family despite the said fact, in the complaint there are allegations against the whole family that they used to ill treat the the deceased and there was a demand of dowry.

4.

All other accused are released on bail and the present applicant is the husband of the deceased. There are two minor children to the

2 of 2 37-BA-3170-24.doc applicant and there is no statement of any neighbor or any independent witness to support the case of the prosecution about the ill treatment. 5.

In the circumstances, as the charge-sheet has been filed, I am of the opinion that the further custody of the applicant is not necessary. Accordingly, I pass the following order.

ORDER

(i) Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.11 of 2024 registered with Sinnar Police Station, Nashik, for the offences punishable under Sections 306, 304-B, 323 and 504 read with Section 34 of the Indian Penal Code, 1860, on furnishing P.R.Bond of Rupees Twenty Five Thousand with one solvent surety in the like amount;

(iii) The Applicant shall attend said Police Station on 1st and 16th day of every month between 12.00 noon and 2.00 pm till conclusion of trial, except on the date of trial;

(iv) 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; (v) Liberty is granted to the State for cancellation of bail in case Applicant breaches any of the conditions or misuse the liberty; (vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

(ANIL S.KILOR, J.)