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Yogesh S/O. Ankush Dhakne And Anr vs The State Of Maharashtra on 26 February, 2020

901 acb 203 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 203 OF 2020

1) Yogesh s/o Ankush Dhakne,
Age 25 years, Occ. Agriculture.

2) Anjana w/o Ankush Dhakne,
Age 50 years, Occ. Agriculture.
All r/o. Aanvi, Tq. Badnapur,
District Jalna. … Applicants.

VERSUS

The State of Maharashtra,
Through The Police Officer,
Chandanzira Police Station,
Jalna, District Jalna. … Respondent.

Advocate for the Applicants : Mr. More P.P.
A.P.P. for the Respondent : Mr. V.M. Kagne.
CORAM : MANGESH S. PATIL, J.
DATE : 26/02/2020
PER COURT :

The applicants who happen to be the brother in law and
mother in law of the deceased are seeking bail in the event of their
arrest in connection with her untimely death, registered as Crime No.
378/2019 with Chandanzira Police Station, District Jalna, for the
offences punishable under Section 304B, 498A, read with Section 34 of
the Indian Penal Code and under Section 3 and 4 of the Dowry
Prohibition Act.

2. It is alleged that the deceased was married with the son of
applicant No. 2 who is also a co-accused about five years prior to the
incident. After couple of years of marital life there was usual bickering

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901 acb 203 2020.odt
between the couple. The deceased had gone back to her parental
house. With the intervention of some well wishers the couple got
reunited. It is then alleged that she was subjected to physical and
mental torture. She was asked to fetch money from her parents for
bearing the expenses for performing surgery over her son. She was not
being allowed to communicate with her parents. It it is then alleged
that on 30.12.2019 her dead body and that of her son were found in a
well.

3. The learned advocate for the applicants submits that the
allegations as against them are vague and omnibus. At the most it can
be said that there was a difference between the couple. There are no
particulars of illtreatment though it is being alleged that she was
subjected to physical and mental torture. Accepting the allegations in
the F.I.R. at their face value primarily the allegations are against the
husband. As usual attempt is being made to falsely implicate all the
relations of the husband. The applicants are ready to cooperate the
Investigating officer. The father-in-law and the sisters in law of the
deceased have already been released on bail. The husband is behind
bar. The applicants may be granted bail in the event of their arrest.

4. The learned A.P.P. opposes the application. He submits that
the offence is still under investigation. There is every possibility of
applicants tampering the evidence and influencing the witnesses. They
were cohabiting with the deceased in the same abode. It is just possible
that even they are involved in subjecting her to cruelty. He would
further submit that there was specific demand for money to bear the
expenses for the surgery to be performed on the child. She has died
within seven years of marriage. In these circumstances the application
may be rejected.

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901 acb 203 2020.odt

5. I have carefully gone through the papers. Accepting the
allegations at their face value, no specific and precise role is
attributable to the applicants which can be differentiated from that
which is attributed to the other accused. The father in law and the
sisters in law have already been released on bail. The husband is still
behind the bars. The Investigating Officer must have had sufficient
opportunity to interrogate him and to complete the investigation.
Going by the allegations, custodial interrogation of the applicants does
not seem to be necessary.

6. The application is allowed.

7. In the event of arrest of the applicants, in connection with
Crime No. 378/2019 with Chandanzira Police Station, District Jalna,
for the offences punishable under Section 304B, 498A, read with
Section 34 of the Indian Penal Code and under Section 3 and 4 of the
Dowry Prohibition Act, they shall be released on bail on their executing
personal recognizances for an amount of Rs. 25,000/- each and
furnishing a solvent surety in the like amount each, subject to
following conditions :

(a) They shall attend the concerned police station
whenever called and cooperate the investigating officer, till
filing of the charge-sheet.

(b) They shall not tamper the evidence or influence the
witnesses.

( MANGESH S. PATIL, J. )
mkd

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