Allowed

Vishal Kalubhavari and Anr. v. State of Maharashtra

Bombay HC7 Mar 2024BA/962/2024

Case brief

AI extract

What is this about?

Regular bail sought by distant relatives-in-law of a deceased woman accused of pressurising her to withdraw an earlier complaint, leading to her suicide. Charge-sheet filed; applicants jailed nine months. Court held further custody unnecessary and granted bail with conditions including monthly police-station attendance.

What did the court decide?

Release on bail on P.R. Bond of Rs.25,000 each with solvent sureties; monthly attendance at Ghoti Police Station till trial conclusion; liberty to State to seek cancellation.

Vishal Kalubhavari and Anr. vs State of Maharashtra — Dowry and Cruelty | Bombay HC (2024)

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79-BA-962-24-CORRECTED-STM.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 962 OF 2024

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Vishal KaluBhavari and Anr.

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...Applicants

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Vs.

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The State of Maharashtra ...Respondent

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Mr. Satyajeet P. Dighe, Advocate for Applicant. Mrs. S. M. Yadav, APP for State-Respondent.

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CORAM:- ANIL S. KILOR, J.

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DATED:- 10th JULY, 2024

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PC:-

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1. Heard.

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Digitally signed SAYALIDEEPAK by SAYALIDEEPAKUPASANIDate: UPASANI 2024.07.19 11:18:28 +0530

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1. By this application under Section 439 of the Code of Criminal Procedure the applicants are seeking bail in Crime No.550 of 2023, registered with Ghoti Police Station, Dist-Nashik, for the offences punishable under Sections 306, 498-A, 509, 323 and 504 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’).

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1. The applicants are distant relatives of in-law of the deceased and it is alleged that some criminal complaint was lodged by the deceased against the applicants under Section 354 of the Indian Penal Code, 1860 and in-laws of the deceased were pressurizing her to withdraw the said FIR and on that count, she was assaulted and because of such pressure, she committed suicide. Against the applicants, the only allegation is that

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Sayali Upasani

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79-BA-962-24-CORRECTED-STM.DOC

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the earlier complaint was against the applicants, lodged by the deceased and for withdrawal of the same pressure was built up by the in-laws and the husband of the deceased.

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In the above referred backdrop, it may be appropriate to note that the charge-sheet has been filed and the applicants are in jail from last nine months. Therefore, I am of the opinion that the custody of the applicants is not necessary.

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In the circumstances, considering the nature of the allegations and the material collected by the Investigating Officer against the applicants, since the charge-sheet has been filed, I am of the opinion that further custody of the applicants is not necessary. In that view of the matter, I pass the following order.

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ORDER

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i) The Criminal Bail Application is allowed.

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ii) It is directed that the applicants shall be released on bail in connection with Crime No.550 of 2023, registered with Ghoti Police Station, Dist-Nashik, for the offences punishable under Sections 306, 498-A, 509, 323 and 504 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘IPC’), on furnishing P.R. Bond of Rs.25,000/-(Rupees Twenty-Five Thousand) each with solvent sureties in the like amount;

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iii) The applicants shall attend the said Police Station on 1^st day of each month between 10:00 am and 12:00 noon, till the conclusion of the trial, except on the date of trial;

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Sayali Upasani

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79-BA-962-24-CORRECTED-STM.DOC

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iv) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

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v) Liberty is granted to the State to apply for cancellation of bail in case the applicants commit the similar offence.

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vi) The applicants shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

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The Criminal Bail Application is disposed of accordingly.

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[ANIL S.KILOR,J.]

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Sayali Upasani

Vishal Kalubhavari and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vishal Kalubhavari and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

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