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Dilip Bhanudas Ubale vs The State Of Maharashtra on 16 July, 2019

BA 3390-18.doc



Dilip Bhanudas Ubale .Applicant


The State of Maharashtra .Respondent

Mr. Sameer Nangre i/b. Ms Nikita Chutake, Advocate, for the Applicant
Ms Veera Shinde, APP, for the Respondent – State
Mr. Shashikant S. Sawant, PI (Retired), Charkop Police Station present


DATE : 16.07.2019

. Heard learned counsel for the parties.

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

bail in connection with C. R. No. 226 of 2018 registered with the

Charkop Police Station, Mumbai, for the alleged offences punishable

under Sections 306, Section498A of the Indian Penal Code.

3. Perused the papers. The Applicant and the deceased –

Anita Ubale were married some time in 2003. The Applicant is the son

of the Complainant’s sister. According to the Complainant – Mr. Gautam

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Maske ( father of deceased ), the Applicant was harassing and ill-

treating his daughter – Anita, as she was unable to conceive, even after

15 years of marriage. He has stated that he received a call from his

relative – Mr. Keshav Lahane on 07.06.2018 at around 11.30 p. m., who

informed him that his daughter has committed suicide at her residence.

It is not in dispute that the Applicant was not present in the house at the

time of the incident.

4. Learned counsel for the Applicant submitted that taking the

prosecution case as it is, no offence punishable under Section 306 of the

Indian Penal Code is disclosed qua the Applicant, more particularly,

when the marriage had taken place 15 years prior to the date of the

incident. Whether or not the offence punishable under Section 306 of

the Indian Penal Code is disclosed or not, is a matter which will be

decided by the trial Court. The Applicant is in custody since June, 2018.

Investigation is complete and charge-sheet is filed.

5. Considering the aforesaid, the Application is allowed and

the Applicant is enlarged on bail on the following terms conditions :-


(i) The Applicant be enlarged on bail, on executing P. R. Bond

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in the sum of Rs. 20,000/- with one or two local sureties in the like


(ii) The Applicant shall report to the investigating officer of the

concerned police station on the first Saturday of every month

between 10.00 a. m. and 11.00 a. m. for a period of 12 months from the

date of his release;

(iii) The Applicant shall not tamper with the evidence or

attempt to influence or contact the complainant, witnesses or any person

concerned with the case;

(iv) 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

Court seized of the matter and to the Investigating Officer of the

concerned Police Station;

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

6. The Application is allowed in the aforesaid terms and is

accordingly disposed of.

7. It is made clear that the observations made herein are

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

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


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


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