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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Cri. BAIL APPLICATION NO. 2161 OF 2018
Kumar Vibhuti Bhushan … Applicant.
V/s.
The State of Maharashtra … Respondent.
—
Mr. Aniket U. Nikam, Advocate for the Applicant.
Miss. Pallavi N. Dabholkar, APP for the State.
PSI – Mahendra Aher, Sanghavi Police Station, Pimpri
Chanchawad, Pune, is present.
—
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATE : SEPTEMBER 12, 2018.
PC :
1 This is an application under Section 439 of
Criminal Procedure Code, filed by the aforesaid applicant,
who has been arrested in C.R. No. 303 of 2018, registered with
Sanghvi Police Station, Dist. Pune, for offences punishable
under Sections 306, 304(b), 498A, 323, 504 506 read with
section 34 of the IPC.
2 Heard Mr. Aniket Nikam, learned counsel for the
applicant, Miss. Pallavi Dabholkar, learned APP for the State.
Digitally signed
Shalikram by Shalikram
Pralhadrao Pralhadrao Borey
Date: 2018.09.18
Borey 19:11:38 +0530
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Perused the records and considered the submissions advanced
by the learned Counsels for the respective parties.
3 The applicant was married to Manisha Kumari on
22.06.2017. She committed suicide on 23.06.2018. The
brother of deceased – Manisha lodged the FIR against the
applicant and his family members, alleging that they were
demanding dowry and they had subjected deceased – Manisha
to cruelty.
4 The applicant was arrested on 26.06.2018 and he is
presently in the judicial custody. The FIR, prima facie, reveals
that the allegations leveled against the applicant are similar to
those leveled against other members of the applicant’s family.
By order dated 31.07.2018 passed in ABA No. 1522 of 2018, this
court had already granted pre-arrest bail to the parents of the
applicant.
5 The learned APP submits that the investigation is
complete and the chargesheet will be filed within 3 to 4 days.
Thus presence of the applicant is not required for the purpose
of investigation.
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6 Considering the above facts and circumstances, in
my considered view the applicant herein is entitled for bail on
the same terms and conditions. Hence, the following order :
(i) The Bail Application is allowed.
(ii) The Applicant be released on bail in C.R.
No. 303 of 2018, on his furnishing bail bonds of Rs.
25,000/-, with one or more solvent sureties in the
like amount to the satisfaction of the concerned
Investigating Officer.
(iii) The applicant shall furnish his permanent
and temporary addresses, if any, and his contact
details to the Investigation Officer.
(v) The applicant shall not change his
residential address without prior intimation to the
Investigation Officer.
(vi) The applicant shall not interfere with the
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complainant/first informant, other witnesses and
shall not tamper with the evidence in any
manner.
(iii) The applicant shall report to the
Investigating Officer, as and when called, till
conclusion of the trial.
7 Needless to state that the above observations
are only for the purpose of deciding this bail application
and shall not be construed as an expression of opinion on
the merits of the case.
8 The criminal bail application is disposed of.
(SMT. ANUJA PRABHUDESSAI, J.)
…..
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