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Narayan S/O. Gunaji Misal vs The State Of Maharashtra on 27 February, 2020

30 ba 1533 19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

BAIL APPLICATION NO. 1533 OF 2019

Narayan s/o Gunaji Misal,
Age 26 years, Occ. Agriculture,
R/o. Rokadewadi, Tq. Palam,
District Parbhani. … Applicant.

VERSUS

The State of Maharashtra,
Through Police Station Officer,
Gangakhed Police Station,
Gangakhed, Dist. Parbhani. … Respondent.

Advocate for the Applicant : Mr. Rathi Swapnil S.
A.P.P. for the Respondent/State: G.L.Deshpande.

CORAM : MANGESH S. PATIL, J.

DATE : 27/02/2020

PER COURT :

The applicant is seeking bail after filing of the charge-sheet in
Crime No. 245/2019, registered with Gangakhed Police Station,
District Parbhani, for the offences punishable under Section 304B,
498A, read with Section 34 of the Indian Penal Code and under
Section 3 and 4 of Dowry Prohibition Act.

2. The F.I.R. has been lodged by the brother of the deceased
alleging that the deceased was married to the applicant on 28.04.2019.
Since inception there was a demand of Rs. 80,000/- for buying a motor
cycle. She was subjected to physical and mental torture to the extent
that she was left with no other alternative but to end her life and was

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found dead under suspicious circumstances barely within 40 days of
the marriage.

3. The learned advocate for the applicant submits that though it
is unfortunate that the deceased has died within 40 days of the
marriage and there are allegations about a demand for money, the
allegations as regards such demand and the illtreatment are vague and
omnibus. He points out that Janabai Dnyaneshwar Bomshete who
happens to be the real married sister of the deceased and Dnyaneshwar
Bomshete who is her husband in their statements have merely stated
about the deceased having told everybody from their family about the
alleged demand and the illtreatment on that count when they had met
on 19.05.2019. He submits that at least on three occasions there was
telephonic conversation between these two sisters but conspicuously
no grievance was made by the deceased to Janabai. In the normal
course, at least on some occasion the deceased could have told about
such illtreatment on account of the demand for money. Conversely,
even Janabai would have enquired with her about her well being if the
deceased had already told her about the demand and illtreatment.
Nothing of the sort having taken place, when the parents of the
applicant against whom there are similar allegations have been
granted bail by this Court, even the applicant may be released on bail.

4. The learned A.P.P. opposes the application. She submits that
the deceased having died barely within 40 days of the marriage a
presumption is available to be drawn since there is enough material to
show that there was a demand for dowry. The offence is serious and
no leniency be shown.

5. The learned A.P.P. further points out that the allegations

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30 ba 1533 19.odt
regarding demand of dowry stands confirmed even in the statement of
the cousin of the applicant who was sent to the house of the deceased’s
parents to bring her back to the matrimonial house. He has specifically
stated about the father of the deceased having told him that they
would pay the money later but had returned back telling him that the
applicant and his parents were still insisting for money. In view of
such evidence, the offence being serious the bail may be refused.

6. I have carefully gone through the papers. It is trite that no
meticulous scanning of the material is to be resorted to while deciding
the bail applications as the observations are likely to prejudice the trial.

7. Still it is necessary to note that as far as the allegations about
illtreatment are concerned there is no consistency in the statements of
witnesses about the nature of the illtreatment. The father of the
deceased in his statement under Section 164 of the Code of Criminal
Procedure has stated about beating whereas the informant who
happens to be the brother of the deceased has vaguely stated in his
statement under Section 164 of the Code of Criminal Procedure that
the deceased was subjected to physical and mental torture. It is
necessary to note that the deceased had died inside a room which was
bolted from inside and the persons had to enter into it by removing the
roof tin, meaning thereby that it is apparently a case of suicide rather
than a case of death under suspicious circumstances.

8. The investigation is already over. The trial is not likely to
commence and get over soon. All the prime witnesses are from
parental side of the deceased ruling out possibility of any tampering
and the applicant deserves to be released on bail.

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9. The application is allowed.

10. The applicant shall be released on bail on his executing
personal recognizance for an amount of Rs. 25,000/- and furnishing a
solvent surety in the like amount subject to the condition that he shall
not tamper the evidence or influence the witnesses.

11. Bail before the Trial Court.

( MANGESH S. PATIL, J. )

mkd

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