Disposed

Alaka Siddheshwar More v. State of Maharashtra

Bombay HC16 Apr 2024BA/1410/2024

Case brief

AI extract

What is this about?

Regular bail application by the mother-in-law accused in a dowry-death and abetment-of-suicide case. The court noted the charge-sheet was filed, the trial was not likely to conclude soon, the applicant was a 50-year-old woman with no criminal antecedents and no flight risk, and released her on bail with conditions.

What did the court decide?

Applicant released on bail on P.R. Bond of Rs.25,000/- with one or two local solvent sureties in like amount, subject to conditions.

Alaka Siddheshwar More Vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2024)

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502-BA-1410-2024.DOC

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2024:BHC-AS:17525

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1410 OF 2024

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Alaka Siddheshwar More …Applicant

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Versus

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The State of Maharashtra…Respondent

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Mr. Ritesh Thobde a/w. Mr. Changdev S. Shingade and Ms. Ankita
Pramod Rai, Advocates, for the Applicant.
Mr. Sameer M. Mangaonkar, APP, for the Respondent-State.

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CORAM: MADHAV J. JAMDAR, J. DATED : 16^th APRIL 2024

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PC:-

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1. Heard Mr. Thobde, learned Counsel for the Applicant and

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Mr. Mangaonkar, learned APP for the Respondent-State.

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2. This regular Bail Application is preferred by the Accused

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No.1 i.e. mother-in-law of the deceased under Section 439 of the

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Code of Criminal Procedure, 1973. The relevant details are as

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follows:-

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`1.C. R. No.`	`936 of 2023`
`2.Date of registration of F.I.R.`	`08/12/2023`
`3.Name of Police Station`	`Mangalwedha, Solapur`
`4.Section/s invoked`	`306, 304B, 498-A, 323, 504,`

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Page 1 of 6

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Sonali

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502-BA-1410-2024.DOC

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	`506 r/w. 34 of the Indian` `Penal Code, 1860 (“IPC”)`
`5.Date of incident`	`08/12/2023`
`6.Date of arrest`	`09/12/2023`
`7.Date of filing of Charge-sheet`	`.February 2024`

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3.As per the prosecution case, the Accused No.1 is mother-in-
law, Accused No.2 is sister-in-law, Accused No.3 is husband and
Accused No.4 is father-in-law of the deceased. The marriage
between the deceased and Accused No.3 was solemnized on 25th
April 2021. The incident in question occurred on 8th December
2023. As per the prosecution case, all the Accused were harassing
the deceased for dowry of 10 tolas gold and in view of continuous
harassment, the deceased died by suicide in her matrimonial house
on 8th December 2023.

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4. Mr. Thobde, learned Counsel for the Applicant submitted

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that the Applicant is a woman aged 50 years. He submitted that
the investigation is complete and Charge-sheet is filed. He
submitted that the allegations as per the prosecution case are
general and omnibus against the entire family and that ingredients
of offence under Sections 306 or 304B of the IPC are not made out

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Page 2 of 6

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Sonali

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502-BA-1410-2024.DOC

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against the Applicant. He submitted that the sister-in-law, against
whom the same allegations have been made has been granted
Anticipatory Bail by the learned Trial Court. He submitted that
there are no criminal antecedents against the present Applicant.

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5.On the other hand, Mr. Mangaonkar, learned APP for the
Respondent-State strongly opposed the Bail Application. He
submitted that the material on record shows that the deceased was
subjected to continuous harassment by all the Accused and
therefore ultimately the deceased died by suicide. He therefore,
submitted that an offence is made out. He therefore, submitted
that Bail Application be rejected.

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6.Perusal of the record shows that in the present case, the
incident in question occurred on 8th December 2023, F.I.R. was
lodged on 8th December 2023, the Applicant was arrested on 9th
December 2023 and, Charge-sheet was filed in February 2024.
There is no progress in the trial and even the charge is also not
framed yet. As per the Charge-sheet, there are 30 witnesses
proposed to be examined by the prosecution. The trial is unlikely

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Page 3 of 6

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Sonali

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502-BA-1410-2024.DOC

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to conclude any time soon and is likely to take a considerably long
time.

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7. The Applicant is a woman aged 50 years.

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8. There are no criminal antecedents against the present Applicant.

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9. The Applicant does not appear to be at risk of flight.

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10. Accordingly, the Applicant can be enlarged on bail by

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imposing conditions.

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11. In view thereof, the following order:-

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O R D E R

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(a) The Applicant – Alaka Siddheshwar More be released

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on bail in connection with C.R. No.936 of 2023
registered with the Mangalwedha Police Station,
District - Solapur on her furnishing P.R. Bond of
Rs.25,000/- with one or two local solventsureties in

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Page 4 of 6

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Sonali

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502-BA-1410-2024.DOC

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the like amount.

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(b) On being released on bail, the Applicant shall furnish hercell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

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(c) The Applicant shall report to the Mangalwedha Police Station, District - Solapur as and when called by the Investigating Officer.

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(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

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(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

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(f) The Applicant shall attend the trial regularly. The

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Page 5 of 6

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Sonali

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502-BA-1410-2024.DOC

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Applicant shall co-operate with the Trial Court and
shall not seek unnecessary adjournments thereat.

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(g) The Applicant shall surrender her passport, if any, to

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the Investigating Officer.

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12. The Bail Application is disposed of accordingly.

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13.It is clarified that the observations made herein are prima
facie, and the Trial Court shall decide the case on its merits,
uninfluenced by the observations made in this order.

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[MADHAV J. JAMDAR, J.]

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Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 16/04/2024 19:03:35 Sonali

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Page 6 of 6

Alaka Siddheshwar More v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Alaka Siddheshwar More v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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