Palak Vipul Phuriya @ Palak Ronak Nagda v. State Of Maharashtra

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 230 OF 2025 Palak Vipul Phuriya @ Palak Ronak Nagda .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. S.N. Raj a/w Mr. Rohit Mahadik, Mahadik & Associates for Applicant  Ms. Mahalakshmi Ganapathy, APP for State ...................

CORAM : MILIND N. JADHAV, J.

DATE : JANUARY 24, 2025 P. C.

:

1.

Heard Mr. Raj, learned Advocate for Applicant and Ms. Ganapathy, learned APP for State.

2.

Applicant - accused has filed the present Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") in connection with Crime No. 1030/2024 registered with Dombivli Police Station, Dist. Thane under Sections 108, 115(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, "BNS").

3.

Indictment of the Applicant is for abetment of suicide of deceased victim who was her husband. Applicant is 20 years old whereas deceased victim was 24 years old. Applicant has one year old daughter. Eight months before the incident, Applicant had separated

from her husband the deceased victim and was staying separately at her parent's house. Applicant had also instituted Domestic Violence Case against the deceased victim. Death of the victim has occurred due to hanging. According to Applicant, the post-mortem report shows the death by hanging.

4.

In view of the aforesaid facts, custodial interrogation of the Applicant is not required. Applicant undoubtedly will have to cooperate with the investigation as and when called for by the Investigating Officer. In that view of the matter, Applicant is granted pre-arrest bail on the following terms and conditions:- (i) In the event of the arrest, the Applicant be enlarged on bail on furnishing P. R. Bond in the sum of Rs. 15,000/- with one or two sureties in the like amount;

(ii) Applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case;

(iii) Applicant shall attend the Police Station on the first Monday of every month between 10.00 a. m. and 12.00 noon for the first three months and thereafter as and when called for by the investigating officer;

(iv) Applicant shall inform her latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(v) If there is a breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the Applicant's bail.

5.

It is made clear that the observations made herein are prima facie and are confined to this Application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein.

6.

Application is allowed in the aforesaid terms and is accordingly disposed of.

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.01.24 20:38:55 +0530 RAVINDRA MOHAN AMBERKAR