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Devendra S/O Nanaji Bhalchakra vs State Of Mah., Thr. Pso P S … on 18 November, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 709 OF 2019
Devendra s/o Nanaji Bhalchakra .Vs. State of Maharashtra,through P.S.O,
P.S. Frezarpura, Amravati.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. R.M. Daga, Advocate for applicant.
Mr. J.Y. Ghurde, A.P.P. for non applicant- State.
Mr. R.J. Shinde, Advocate for complainant.

CORAM : V. M. DESHPANDE, J.
DATED : NOVEMBER 18, 2019

CRIMINAL APPLICATION (APPA) NO. OF 2019
Mr. R.J. Shinde, learned counsel tenders an
application on behalf of the first informant to assist the
learned Additional Public Prosecutor.
The application is taken on record. For the
reasons stated therein, the application is allowed.
Mr. Shinde, learned counsel is permitted to assist
learned Additional Public Prosecutor. The application is
disposed of.

CRIMINAL APPLICATION (ABA) NO. 709 OF 2019
This is an application for pre-arrest bail.
Heard Mr. R. M. Daga, learned counsel for the
applicant, Mr. J. Y. Ghurde, learned Additional Public
Prosecutor for the non applicant-State and Mr. R. J. Shinde,

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learned counsel for the first informant. Also perused the
reply filed on behalf of the prosecution.
The applicant is apprehending his arrest in
connection with Crime No.945/2019 registered with Police
Station, Frezarpura, Amravati for an offence punishable
under Sections 306 and Section498A of the Indian Penal Code.
The applicant is Indian Army personnel and he is
discharging his duty in 13 Mahar Battalion at Roorkee in
Uttarakhand State.
The marriage between applicant and Chanda was
performed in June-2011 and from the wedlock, the couple is
having two children.
The first information report is lodged on
04.09.2019 by Ashish Gavai, brother of deceased Chanda.
The recitals of the report would show that the applicant used
to visit Amravati during the leave period twice in a year.
According to the report, on 26.08.2019, the applicant gave
taunts to the deceased under the influence of liquor. The
report also shows that on the said date at 09:00 O’clock in
the night, under the influence of liquor the applicant
assaulted on his wife and when the first informant tried to
intervene at that time it is alleged that the applicant uttered
that the deceased is having affair with one Rahul Raut and
she talks with him on phone. According to report, the verbal
altercations continued till 02:30 in the night. It is stated in
the report, on 27.08.2019, when the first informant wake-up
he noticed that the applicant was consuming liquor and his
sister was sleeping. The report further states that at 07:30

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a.m. deceased started vomiting. It is stated in the report
that when he made inquiry with her she stated in very low
voice as under :
“rh gGqokj cksyyh ekÖ;k lgu’kDrh ckgsj
kys rq ekÖ;k eqykauk lkaHkkGf’ky”
According to report, thereafter she was taken in
the hospital where she died on the very same day.
With the aforesaid nature of accusation made, in
my view, the first informant ought to have lodged the report
immediately looking to the seriousness however, for the
reasons best known to the first informant, he kept mum till
04.09.2019 and only on 04.09.2019 the accusation surfaced.
The applicant was protected by this Court on
16.10.2019 with a direction to attend the police station and
accordingly he has attended the police station.
The applicant is working Indian Army personnel
and therefore there is no reason to apprehend that he will
not be available to the course of justice. Further, at least at
this stage the delay is found to be unexplained which has its
own impact while considering the application for
anticipatory bail looking to the nature of the accusation. In
that view of the matter, I pass following order :
ORDER
(i) The application is allowed.
(ii) In the event of arrest in connection with Crime

No.945/2019 registered with Police Station, Frezarpura,
Amravati for an offence punishable under Sections 306 and
Section498A of the Indian Penal Code, applicant – Devendra s/o

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Nanaji Bhalchakra, be released on bail on he executing P.R.
Bond in the sum of Rs.10,000/- with one solvent surety in
the like amount.

(iii) Since statement of the applicant is recorded by
the investigating officer therefore applicant is no need to
attend police station. However, he will be required to attend
the trial scrupulously.

(iv) With this, the criminal application is allowed and
disposed of.

JUDGE
srwagh

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