In a criminal bail application under Sections 364(A), 366, 368, 384, 500, 501 and 34 IPC, the High Court granted bail to applicants on the ground that primary allegations were against another accused, Raviraj.
Applicants released on bail in C.R. No.236 of 2011 on furnishing P.R. and S.B. of Rs.15,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
cra3037.11
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3037 OF 2011
1) Rajan s/o Yuvraj Fulmali,
Age-23 years, Occu:Education,
2) Yuvraj Ramdas Fulmali,
Age-48 years, Occu:Service,
Both R/o-Shirpur City,
Tq-Shirpur, Dist-Dhule.
(Applicants are in jail).
...APPLICANTS.
VERSUS
The State of Maharashtra,
Through Police Station Officer,
Shirpur Police Station, Shirpur,
Tq-Shirpur, Dist-Dhule.
...RESPONDENT.
...
Shri.S.P. Brahme Advocate for Applicants.
Shri.N.H. Borade, A.P.P. for Respondent.
...
CORAM: T.V. NALAWADE, J.
DATE : 28TH JULY, 2011
cra3037.11
2
PER COURT :
1.This Application is filed for bail in
C.R. No.236 of 2011 registered in Shirpur Police
Station, Dist-Dhule, for the offences punishable
under Sections 364(A), 366, 368, 384, 500, 501
read with 34 of the Indian Penal Code. The papers
of investigation were made available. Both the
sides are heard.
2.The crime is registered on the basis of
report given by one Rajesh Kumawat. He has made
allegations that son of Applicant No.2 has some
photographs of his daughter on mobile handset and
by showing the clips of photos, he was extracting
money, initially from the daughter of the
complainant and then he started demanding money
from the complainant. Allegations are made that as
the demands increased, his daughter refused to
give money and complainant also did not give any
money. Allegations are made that some photo clips
cra3037.11
3
were shown to the complainant by Raviraj, son of
Applicant No.2 and Raviraj gave threats that CD's
of photo will be given to the relatives of the
complainant and he will defame family of the
complainant. He was making demand of at least Rs.4
Lakh.
3.The daughter of complainant has made
allegations that on 19th June, 2011 Raviraj called
her to Borivali and from there to Nashik and he
detained her in a room. Allegations are made that
he took her to various places and he made demand
of the money from her parents. The allegations
against the Applicants are made that when they
were approached, they also advised the complainant
to give the demanded amount. The Applicants came
to be arrested on 25th June, 2011 and they are
behind bars since then. The record shows that
Raviraj is not yet arrested. The Advocate of the
Applicant submitted that the Applicants also want
that Raviraj should be arrested and they have no
cra3037.11
4
sympathy for Raviraj.
4.As the allegations are mainly against
Raviraj and Applicants are behind bars for about
one month due to conduct of Raviraj, this Court
holds that bail needs to be granted to them. So,
the Criminal Application is allowed. The
Applicants are to be released on bail in C.R.
No.236 of 2011 registered in Shirpur Police
Station, Dist-Dhule, for the offences punishable
under Sections 364(A), 366, 368, 384, 500, 501
read with 34 of the Indian Penal Code, on their
furnishing P.R. and S.B. of Rs.15,000/- (Rupees
Fifteen Thousand), each. They are not to tamper
with the prosecution witnesses.
[T.V. NALAWADE, J.]
asb/JULY11
1 issue framed by the court
Whether bail should be granted to applicants detained in connection with offences under Sections 364(A), 366, 384, and 501 read with Section 34 IPC.
1 provisions across 1 enactments
Rajan s/o Yuvraj Fulmali
Yuvraj Ramdas Fulmali
The State of Maharashtra
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court