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Kumar Vibhuti Bhushan vs The State Of Maharashtra on 12 September, 2018

spb/ 1ba2161-18.odt

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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spb/ 1ba2161-18.odt

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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spb/ 1ba2161-18.odt

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.)

…..

Borey                                                4/4

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