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Naresh Eknath Bhambale vs The State Of Maharashtra on 24 July, 2019

ba.1738.19.28.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1738 OF 2019

Naresh Eknath Bhambale …Applicant
Versus
The State of Maharashtra …Respondent

Ms. Anjali Awasthi for the Applicant

Mr. S. V. Gavand, A.P.P for the Respondent-State

CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 24th JULY 2019

P.C. :

1 Heard learned counsel for the parties.

2 By this application, the applicant seeks his enlargement on bail

in connection with C.R. No. 316 of 2018 registered with the Trombay

Police Station, Mumbai, for the alleged offences punishable under Sections

302, Section498A, Section504 of the Indian Penal Code.

3 Perused the papers. According to the prosecution, the incident

took place on 20th October 2018. According to the complainant-Madhukar

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Bansode, the applicant set his daughter-Shilpa, ablaze on 25th October

2018, after pouring kerosene on her person. The complainant has alleged

that the applicant and his daughter got married on 21st May 2017 and that

after the marriage, the applicant had demanded a sum of Rupees Three

Lakhs from him, pursuant to which, he gave the applicant Rupees Two

Lakhs. He has further alleged that the applicant and his family members

would taunt his daughter on account of household work and that, there used

to be quarrel between them. He has alleged that on 20 th October 2018, the

applicant quarreled with his daughter for not giving tea and thereafter

abused her and poured kerosene on her person and set her ablaze. The

complainant’s daughter-Shilpa’s three statements were recorded, two

statements were recorded on the very day i.e. on 20 th October 2018, which

completely exonerate the complainant. Shilpa (deceased) has stated that

there was a quarrel between the applicant and her and that in a fit of anger,

she poured kerosene on her person and set herself ablaze. She has stated

that the applicant had left the house and gone for his work. She has

specifically stated that she has no complaint against any person. It appears

that subsequently, after three days, i.e. on 23rd October 2018, Shilpa has

stated that the applicant poured kerosene on her person and set her ablaze.

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The applicant is in custody since 25 th October 2018. Investigation is

complete and charge-sheet is filed.

4 Considering the material on record, the application is allowed

on the following terms and conditions :

ORDER

(i) The applicant be released on cash bail in the sum of

Rs. 15,000/-, for a period of six weeks;

(ii) The applicant shall within the said period of six weeks, furnish

P.R. Bond in the sum of Rs. 15,000/- with one or two sureties in the

like amount;

(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 and/or change of residence or mobile details,

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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 to cooperate with the conduct of the trial and

attend all the dates before the trial Court, unless exempted.

5 The application is accordingly disposed of.

6 It is made clear that the observations made herein are prima

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

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

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

REVATI MOHITE DERE, J.

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