BA 976-19.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 976 OF 2019
1. Neeludevi @ Meeradevi Amrendra Mishra .Applicants
2. Amrendra Vaijnath Mishra
3. Rohan Amrendra Mishra
4. Roshan Amrendra Mishra
Vs.
The State of Maharashtra .Respondent
Mr. Rajiv Patil, Senior Counsel a/w Mr. Hasan Pasha Patel, for the
Applicants
Mr. S. S. Hulke, APP, for the Respondent – State
Mr. Indra Redkar, Advocate, for the Complainant
CORAM : REVATI MOHITE DERE, J.
DATE : 16.09.2019
P.C.
. Heard learned counsel for the parties.
2. By this Application, the Applicants seek their enlargement
on bail in connection with C. R. No. I-410 of 2019 registered with the
Narpoli Police Station, District – Thane, for the alleged offences
punishable under Sections 304(B)(2), 306, 498A r/w 34 of the Indian
Penal Code.
3. Perused the papers. The Applicant No. 1 is the mother-in-
law of the deceased – Poonam; the Applicant No. 2 is the father-in-law
1 of 5
::: Uploaded on – 18/09/2019 18/09/2019 21:07:59 :::
BA 976-19.doc
and the Applicant Nos. 3 4 are the brother-in-laws of the deceased –
Poonam. The deceased – Poonam was married to Sohan on 05.05.2018
and on 15.10.2018, Poonam committed suicide by consuming Phenyl in
her matrimonial home. The consumption of Phenyl was disclosed to
Poonam’s relatives by the Applicant No. 2. The Applicant No. 2 also
disclosed that they had taken Poonam to the hospital for treatment.
Poonam expired in the hospital on 16.10.2018, pursuant to which the
aforesaid FIR was lodged by her brother – Harishkumar Jha. During the
course of investigation, the Applicants were arrested. Learned senior
counsel for the Applicants submitted that a perusal of the statement of
Poonam’s father recorded on 16.10.2018 shows that no allegations of
any ill-treatment were made by him, against the Applicants. In the said
statement, Poonam’s father has stated that the maternal relatives did not
go for the last rites and that the last rites were performed by Poonam’s
husband – Sohan and that they had no objection to the same. He further
submits that after a week thereafter i. e. on 22.10.2018, Poonam’s father
has made allegations of dowry demand and of assault by the Applicants
and co-accused – Sohan. There are allegations even of serving stale
food to Poonam by the Applicant No. 1. Learned senior counsel for the
Applicants also relied on the statement of a neighbour – Anis Ansari
recorded on 18.10.2018, wherein the said witness has not made any
allegations as against the Applicants. A perusal of the statement of
Dr. Archana Gaikwad shows that Poonam was two months’ pregnant on
2 of 5
::: Uploaded on – 18/09/2019 18/09/2019 21:07:59 :::
BA 976-19.doc
04.10.2018, when she visited the hospital alongwith her husband –
Sohan. She has stated that as Poonam was bleeding, her sonography was
done and it was found that the heart beats of the fetus had stopped,
pursuant to which, she was advised abortion. She has further stated that
on 05.10.2018, Poonam’s abortion was performed. He submits that the
deceased committed suicide soon after her abortion and that the
allegations made against the Applicants are baseless. Learned counsel
for the Complainant submits that the messages sent by Poonam just a
few minutes prior to consuming Phenyl will show the complicity of the
Applicants. He submitted that the said messages sent by Poonam, show
that the accused were assaulting her and were giving her stale food. The
allegations as against the Applicants are of dowry demand and of assault
and of giving stale food. The Applicants are in custody since
16.10.2018. Investigation is complete and charge-sheet is filed.
4. Considering the aforesaid, the Application is allowed and
the Applicants are enlarged on bail on the following terms
conditions :-
ORDER
(i) The Applicants be enlarged on bail, on executing P. R.
Bond in the sum of Rs. 20,000/- each with one or two local sureties in
the like amount;
(ii) The Applicants shall report to the investigating officer of
3 of 5
::: Uploaded on – 18/09/2019 18/09/2019 21:07:59 :::
BA 976-19.doc
the concerned police station on the first Saturday of every month
between 10.00 a. m. and 11.00 a. m. till framing of charge;
(iii) The Applicants shall not tamper with the evidence or
attempt to influence or contact the complainant, witnesses or any person
concerned with the case;
(iv) The Applicants shall inform their latest place of
residence and mobile contact number immediately after being released
and/or change of residence or mobile details, 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 Applicants to co-operate with the conduct of the trial;
(vi) The Applicants shall file an undertaking with regard to
Clauses (ii) to (v) in the trial Court, within two weeks of their release;
(vii) If there are two consecutive defaults either in attending the
police station or in appearing before the trial Court, or breach of any of
the aforesaid conditions, the prosecution shall be at liberty to seek
cancellation of the Applicants’ bail.
5. The Application is allowed in the aforesaid terms and 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,
4 of 5
::: Uploaded on – 18/09/2019 18/09/2019 21:07:59 :::
BA 976-19.doc
in accordance with law, uninfluenced by the observations made in this
order.
All concerned to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)
5 of 5
::: Uploaded on – 18/09/2019 18/09/2019 21:07:59 :::