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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