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Nitish S/O. Janardan Upadhyay vs The State Of Maharashtra on 24 February, 2020

Rane 1/4 BA-281-2020 (SR.10)
24 February, 2020.

Nitish S/o. Janardan Upadhyay ….Applicant
The State of Maharashtra ….Respondent

Mr. P.R. Tiwari i/by. Mr. Ashok M. Saraogi,
Advocate for the applicant.
Mr. Ajay Patil, APP for the State.
API, Mr. V.C. Kadam, Kalwa Police Station present.


Monday, 24 February, 2020.

P.C. :

1. Heard.

2. Applicant is seeking his enlargement on
bail in crime, FIR No. I-324/20219 registered at
Kalwa Police Station for the offences punishable
under Sections 306, 498A, 323, 504 read with
Section 34 of the Indian Penal Code.

3. Complainant is the brother of the

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Rane 2/4 BA-281-2020 (SR.10)
24 February, 2020.

deceased (Manisha), who had married the applicant
nine years before the incident. Manisha committed
suicide in her matrimonial home on 3rd July, 2019.
She had left behind a suicide note. Besides, a
transcipt of conversation between the deceased
and her brother has been placed on record by the
prosecution. Out of the wedlock, two children
were born. It was a love marriage which apparently
was not approved by the parents of the applicant.
It may be stated that, mother of the applicant has
been released by this Court, whereas, father of
the applicant has been extended interim pre-
arrest bail.

4. I have perused the suicide note and copy
of the transcript of the conversation between the
deceased and her brother, a day before the
incident. The suicide note, prima-facie, suggest
that applicant’s marriage with the deceased was
not approved by his parents and on that count she
was allegedly subjected to harrassment by them.
Though the complaints were filed by the deceased
for causing physical torture at the hands of the
applicant and his family, however, the sucide

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Rane 3/4 BA-281-2020 (SR.10)
24 February, 2020.

note, which was left behind does not attribute a
specific role or allegations against the
applicant to suggest that the alleged harrassment
had abated her to commit suicide. As to whether
the alleged harrassment drove the deceased to
commit suicide is a question to be answered only
after the evidence is laid by the prosecution. The
incident had taken place on 3rd July, 2019 and the
applicant came to be apprehended on 5th July, 2019.
The investigatio in the case is over and the final
report has been filed. The trial in this case may
not commence in the near future. In view of the
nature of allegations and the evidence available
on record and additionally since the trial may not
commence in the near future, the applicant
arrested in crime, FIR No. I-324/20219 registered
at Kalwa Police Station, is directed to be
released on bail on furnishing P.R. Bond of
Rs.25,000/- (Rs. Twenty Five Thousand only) with
one or two sureties in the like sum.

5. The applicant shall attend the concerned
Police Station as and when called.

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Rane 4/4 BA-281-2020 (SR.10)
24 February, 2020.
6. The applicant shall furnish the

particulars of his place of residence and contact
details to the Investigating Officer of the
Police Station concerned within seven days from

7. The applicant shall not tamper with the
evidence or attempt to influence or contact the
complainant, witnesses or any person concerned
with the case.

8. It is made clear that observations made
hereinabove shall be construed as expression of
opinion only for the purpose of granting bail and
the same shall not in any way influence the trial
in other proceedings.


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