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Neeludevi @ Meeradevi Amrendra … vs The State Of Maharashtra on 16 September, 2019

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

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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
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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
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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,

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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.)

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