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Bombay High CourtBA/3274/2024allowed

Nandu Ragho Shevale v. State Of Maharashtra

2025-03-07Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3274 OF 2024 Nandu Ragho Shevale ...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Nitin Sejapal a/w Ms. Akshata Desai a/w Mr. Sahir Patel, Advocate for the Applicant.

Mr. T. G. Khan, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

07.03.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 445 of 2023 registered at Nandgaon Police Station, DistNashik for the offences punishable under Sections 302, 304(B), 201, 498(A) 323, 504 & 506 r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3.

The deceased was doctor. She was married to the son of the applicant, who is also doctor. According to the prosecution the deceased was subjected to dowry demand. It is alleged that applicant and his son, who is also co-accused in the present crime, were asking the

deceased to bring 25 lakhs for construction of hospital. It is alleged that on the date of incident, which took place on 27.09.2023, the present applicant and his son in connivance with each other committed the murder of the deceased as their demand was not met.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 5.

The learned counsel for the applicant submits that on the date of incident, the applicant and the deceased met with an accident while they were going to Kasari from their village Nyaydongari by motorcycle. It is submitted that there is no convincing material on record to show that death was homicidal. It is submitted that the applicant is in jail for approximately one and half years and the trial has not commenced.

6.

On the other hand, the learned APP for the respondent-State submits that there are statements to show that the demand was made by the present applicant and the co-accused. It is submitted that considering the nature of offence the applicant may not be released on bail.

7.

The case is based on circumstantial evidence. The applicant is in jail for one and half years and the trial has not commenced. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 445 of 2023 registered at Nandgaon Police Station, Dist- Nashik for the offences punishable under Sections 302, 304(B), 201, 498(A) 323, 504 & 506 r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

7.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)