Bharati Sahebrao Ahire v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3630 OF 2024 Bharati Sahebrao Ahire ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Mihir Kasliwal, Mr. Varun Jangada i/by Mr. Rahul Kasliwal, Advocate for the Applicant.
Mr. V. A. Kulkarni, A.P.P. for the Respondent - State. Mr. Suyog Waykar, (A.P.I.) Upnagar Police Station, Nashik City, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
08th JANUARY, 2025.
P.C.
:
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending her arrest in Crime No.423 of 2024 registered with Upnagar Police Station, District : Nashik, for the offences punishable under Sections 80, 85, 115(1), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short "BNS").
3.
According to the prosecution, the deceased was married to the son of the present applicant. It is alleged that the deceased was ill treated on account of demand of dowry Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.01.08 19:07:50 +0530 SAJAKALI LIYAKAT JAMADAR
by the present applicant and the other co-accused, and even her character was suspected. It is alleged that due to the said ill treatment, the deceased committed suicide on 17.11.2024, by hanging herself within a period of one month from the date of marriage.
4.
The learned counsel for the applicant submits that the main allegations are against the co-accused i.e. husband of the deceased. It is submitted that the allegations against the present applicant are general in nature. It is submitted that there is no need of custodial interrogation.
5.
On the other hand, the learned A.P.P. for the Respondent-State submits that there are specific allegations against the present applicant. It is submitted that the deceased has committed suicide within a period of one month from the date of her marriage. It is further submitted that the applicant is involved in ten more crimes and out of the said ten crimes, one of the crimes is in relation to ill treatment to another daughter-in-law of the present applicant. It is submitted that the witnesses had lodged the report against the applicant that they were threatened.
6.
I have perused the First Information Report and the papers of investigation. There are specific allegations of demand of dowry and ill treatment against the present applicant. The deceased has committed suicide within a period of one month from the date of her marriage. Considering the overall facts and circumstances of the case, I am not inclined to grant anticipatory bail to the applicant. The Application is rejected.
(N. R. BORKAR, J.)