09.12.ABA.777.19
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (ABA) NO. 777/2019
(Anil Arjun Uputre vs. State of Maharashtra)
……………………………………………… …………………………………………………
Office Notes, Office Memoranda of
Coram, appearances, Court’s orders Court’s or Judge’s order
of directions and Registrar’s orders
…………………………………………………………………………………………………………………………
Mr. P.R.Agrawal, Adv.for applicant
Mr. Amit Chutke, APP for respondent-State
CORAM : MRS.SWAPNA JOSHI, J.
DATED : 9th December, 2019.
Heard learned counsel for the respective parties.
2. By way of this Application, the applicant has applied for
anticipatory bail for offence punishable under Section 498A, 306, 504
read with Sectionsection 34 of IPC, in connection with Crime No.313/2019
registered at Shivajinagar Police Station Tq. Khamgaon Dist.Buldana.
3. Perused the contents of the Application, so also the reply
tendered by the respondent-State. The allegations against the
applicant are that he ill-treated his wife and used to harass her for
bringing the amount of Rs. 1 lakh from her parents, for the purpose of
repairs of his house and for purchase of a motorcycle. It is further
alleged that her brother said that he would pay the amount as and
when it will be arranged and as the said demand was not fulfilled, due
to the alleged ill-treatment, the deceased was constrained to commit
suicide.
4. The learned Advocate for the applicant submits that the
marriage between the applicant and the deceased had taken place as
far back as 2004. There are two children out of the said wedlock. The
::: Uploaded on – 10/12/2019 12/12/2019 14:11:45 :::
09.12.ABA.777.19
2
applicant is serving as a teacher in Zilla Parishad School at
Garadgaon Tq. Khamgaon Dist. Buldana. He submits that the
allegations are of general in nature and since the applicant is in service
he is competent to carry out the repair work to his house so also
purchase the motorcycle. It is pointed out that the incident of suicide
had taken place on 14.10.2019 whereas the FIR was lodged on
18.10.2019. He contended that a false report has been lodged against
the applicant.
5. Learned APP submits that statements of the relevant
witnesses who are relatives, have been recorded by the Investigating
agency, spot panchnama is conducted, so also necessary investigation is
carried out.
6. Considering the nature of offence, allegations made
against the applicant and also considering that the in-laws of the
deceased are already released on anticipatory bail and further
considering that the investigation is almost complete, the custodial
interrogation of the applicant is not at all required as such. Hence, in
my view, the applicant can be released on anticipatory bail by
imposing certian conditions. Hence the order:-
ORDER.
Criminal Application No.777/2019 is allowed. In the the event
of arrest of the applicant in connection with Crime No313/2019
registered at Police Station Shivajinagar, Tq.Khamgaon Dist. Buldana,
for offences punishable u/ss. 498A, 306, 504 r/ws.34 SectionIPC, he be
released on bail on furnishing PR bond in the sum of Rs. 25,000/-
(rupees twenty five thousand) with one or more solvent sureties in the
::: Uploaded on – 10/12/2019 12/12/2019 14:11:45 :::
09.12.ABA.777.19
3
like amount and subject to the conditions that he shall attend the
concerned police station as and when required and shall not tamper
with the prosecution witnesses and shall cooperate with the
investigating machinery.
The Criminal Application stands disposed of.
JUDGE
Sahare
::: Uploaded on – 10/12/2019 12/12/2019 14:11:45 :::
