cra3111.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3111 OF 2011 Changdev @ Prashant Sambhaji Mengvade, Age-26 years, Occu:Driver, R/o-Mengalwadi(Rajapur), Tq-Shrigonda, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Station Officer, Belwandi Police Station, Dist-Ahmednagar. ...RESPONDENT. ... Shri.Niteen V. Gaware Advocate for Applicant. Shri.G.R. Ingole, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 2ND AUGUST, 2011 cra3111.11 2 PER COURT : 1. This Application is filed for bail in C.R. No.I-60 of 2011, registered in Belwandi Police Station, Tq-Shrigonda, Dist-Ahmednagar, for the offences punishable under Sections 498-A, 304-B, 306, 323, 504, 506, 34 etc. 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 the father of the deceased. There was love affair between the deceased and the present Applicant and without taking permission of the father, the deceased had married with the Applicant. She committed suicide within five months from the date of marriage. 3. Allegations are made by the father that he had forgiven the deceased and he had established contacts with the deceased and the cra3111.11 3 present Applicant. He has contended that he learnt from the deceased that Applicant and his relatives were demanding Rupees One Lakh by saying that marriage expenses were saved and no dowry was given for the marriage. Fifteen days prior to the incident, the deceased had contacted the father and she had again disclosed about the ill- treatment. On 25th May, 2011, the deceased consumed the poison and committed suicide. 4. The papers of investigation and the papers produced by the Applicant show that Applicant had shifted the deceased to the hospital and attempt was made to save the life of the deceased. Though there is report of the Applicant to show that by mistake she had consumed poison, this contention cannot be accepted at this stage. The Advocate submitted that other possibilities cannot be ruled out as the marriage was performed without taking permission of the father of the deceased. It was submitted that the other accused, cra3111.11 4 the relatives of the husband, are released on bail. 5. The witnesses are from different places and the Applicant is in service at Shrigonda. It was submitted that at relevant time, when poison was consumed, the Applicant was not at home and he was called to home subsequently. In view of the other possibilities and as the deceased had married with the Applicant against the wish of the complainant, this Court holds that bail can be granted to the Applicant, subject to some conditions. 6. The Criminal Application is allowed. The Applicant is to be released on bail in C.R. No.I-60 of 2011, registered in Belwandi Police Station, Tq-Shrigonda, Dist-Ahmednagar, for the offences punishable under Sections 498-A, 304-B, 306, 323, 504, 506, 34 etc. of the Indian Penal Code, on his furnishing P.R. and S.B. cra3111.11 5 of Rs.15,000/- (Rupees Fifteen Thousand). He is not to tamper with the prosecution witnesses. He is not to enter village Jawala, till the decision of the case filed against him. [T.V. NALAWADE, J.] asb/AUG11