Murali Hiralal Kewat v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4800 OF 2024 Murali Hiralal Kewat ...Applicant
VERSUS
The State of Maharashtra
...Respondent
....
Mr. Pranav Pokale a/w Mr Chinmay Sawant & Mr. Aditya Bagal, Advocate for the Applicant.
Mr. S. S. Chaudhari A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
12.03.2025.
P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 239 of 2024 registered at Dighi Police Station, Dist- PimpriChinchwad for the offences punishable under Sections 306, 385 r/w 34 of the Indian Penal Code and under Section 67(A) of the Information Technology Act. 3.
The applicant is accused No.4 in the aforesaid crime. According to the prosecution, the facebook account of the deceased was hacked and his photographs were morphed and obscene photographs were prepared. The said obscene photographs were then sent to the deceased through WhatsApp.
4.
It is alleged that the present applicant and other coaccused had then threatened him to pay certain amount or else they would upload the said obscene photographs on social media. It is alleged that due to the said threat and harassment on 15-05-2024, the deceased had committed suicide.
5.
I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 6.
The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that applicant is aged about 23 years old and has completed diploma from ITI in electrician. It is further submitted that the applicant is in jail for about nine months and there are no other criminal antecedents. 7.
On the other hand, the learned APP for the respondent-State submits that the applicant is involved in serious crime of abetment of suicide. It is submitted that there is a material to show that the phone calls were made by the present applicant to the deceased. It is further submitted that the mobile phone of the applicant was seized and there also obscene photographs were found. It is submitted that considering the nature fo offence, the applicant may not be released on bail. 8.
There is a suicide note wherein the deceased had mentioned seven mobile numbers, out of which according to the prosecution one of the mobile numbers is of the present applicant. The learned counsel for the applicant submits that the said mobile number does not belong to
the present applicant and belongs to accused No.6. It appears that prosecution is trying to connect the said mobile numbers with the applicant on the basis of IMEI number. Be that as it may, considering the overall facts and circumstances of the case, 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. 239 of 2024 registered at Dighi Police Station, Dist- Pimpri-Chinchwad for the offences punishable under Sections 306, 385 r/w 34 of the Indian Penal Code and under Section 67(A) of the Information Technology 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.
C] The applicant shall attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.
9.
Application stands disposed of accordingly.
(N. R. BORKAR, J.)