BA 3390-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3390 OF 2018
Dilip Bhanudas Ubale .Applicant
Vs.
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
CORAM : REVATI MOHITE DERE, J.
DATE : 16.07.2019
P.C.
. 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 :-
ORDER
(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
amount;
(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
order.
All concerned to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)
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