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Bhuvneshwar Alupinarayan Tiwari vs The State Of Maharashtra on 16 September, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.2032 OF 2019

Bhuvneshwar Alupinarayan Tiwari …Applicant
Versus
The State of Maharashtra …Respondent

Mr.B.J.Sarwade, for the Applicant.
Ms.P.P.Shinde, A.P.P for the Respondent – State.

PSI – Tushar Kale, Powai Police Station, Mumbai, is present.

CORAM : REVATI MOHITE DERE, J.
DATE : 16th SEPTEMBER, 2019

P.C. :

1. Heard learned counsel for the parties.

2. By this application, the Applicant seeks his enlargement on

bail in connection with C.R.No.110 of 2019 registered with the Powai

Police Station, Mumbai, for the alleged offences punishable under

Sections 304B, Section306, Section498A, Section323, Section504, Section506, Section34 of the Indian Penal Code.

3. Perused the papers. The applicant is the father-in-law of

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deceased – Ritu Tiwari. Deceased – Ritu got married to the applicant’s son

– Ravindra Tiwari on 28th April, 2016 and from the said wedlock the

couple had one daughter. According to the prosecution, after marriage,

Ritu was residing with her husband and in-laws. It is alleged that after

marriage, her in-laws started harassing Ritu for not bringing articles in

marriage. According to the prosecution, pursuant to the demand, articles

like Fridge, Dish TV, Cooler were given to Ritu’s in-laws. It is further

alleged by the prosecution that her in-laws were unhappy that Ritu gave

birth to a girl child and were ill-treating her. It is alleged by the prosecution,

that Ritu committed suicide on 4th March, 2019 at about 4.00 p.m. In her

dying declaration dated 4th March, 2019, Ritu had stated that she was in the

pooja room, when the diya which she had lit fell on her saree, pursuant to

which, her clothes caught fire. She has stated that she had locked the door

of the pooja room from inside. According to Ritu, she started shouting,

pursuant to which, her mother-in-law, husband and neighbours came and

extinguished the fire, after breaking open the door and her mother-in-law

and husband took her to the hospital for treatment. As far as Ritu’s dying

declaration is concerned, there are no allegations made by Ritu against the

applicant or any other co-accused. It appears that the applicant was not

present at the time when the alleged incident took place. The applicant is in

custody since March, 2019 and investigation is complete and charge-sheet

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is filed.

4. Considering the aforesaid, the application is allowed and the

applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be released on cash bail in the sum of Rs.25,000/-, for

a period of six weeks;

ii) The Applicant shall within the said period of six weeks, furnish

P.R. Bond in the sum of Rs.25,000/-, with one or two sureties in the like

amount;

iii) The Applicant shall inform his latest place of residence and

mobile contact number immediately after being released and/or change

of residence or mobile details, if any, from time to time to the trial Court

as well as to the concerned Police Station, in writing;

iv) The Applicant shall not tamper with the evidence or attempt to

influence/contact the complainant, witnesses or any person concerned with

the case;

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v) The Applicant shall co-operate in the conduct of the trial and shall

attend the trial Court on every date of hearing, unless exempted by the trial

Court.

5. The Application is allowed and disposed of in above terms.

6. It is made clear, that the observations made herein are prima

facie, and the trial Court shall decide the case on its own merits, in

accordance with law, uninfluenced by the observations made in this order.

7. All concerned to act on the authenticated copy of this order.

REVATI MOHITE DERE, J.

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