1 ba675.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.675 OF 2011 (MAHESH LAXMANRAO THAKRE//VS// STATE OF MAH. THR. PSO, MANGRULPIR, DIST. WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.P.Tathod, Advocate for Applicant. Mr. M.J.Khan, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 14, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant / accused on bail against whom chargesheet alleging commission of offence punishable under Sections 498A, 302 read with Section 34 of the Indian Penal Code has been submitted before the Court of Sessions Judge, Washim. Rupali married with applicant/ accused in May, 2008. On 01.08.2011 at about 7.30 to 8.00 a.m. information was received by her brother that Rupali had sustained burns. When he rushed to her house body of Rupali was found completely charred because of the burns. On the basis of the first information report lodged by her brother offence came to be registered. There are allegations to the effect that soon before the death the deceased was subjected to ill-treatment. There was demand of dowry of Rs.eight lakh. It is obvious that none of the family members tried to put out fire. From the spot half burnt nylon rope was also seized. Thus, the apprehension that the deceased was tied before dousing her with the kerosene and setting her on fire is well founded. 2 ba675.11 There are statements of family members, who tried to explain that when the incident was occurred door was closed from inside. This is a case where a young married lady, aged about 26 years, died unnatural death just within three years of the marriage. There are allegations that there was demand of Rs.eight lakh towards dowry. Therefore, even if case under Section 302 of the Indian Penal Code is not made out, certainly Section 304-B is attracted. Considering the seriousness of the charge, it would not be desirable to release the applicant on bail. The ground of parity is also not available since this Court (Coram : U.V. Bakre, J) while releasing other co- accused on bail observed in paragraph 6 that : “Even otherwise, the contents of F.I.R. reveal that the main allegation is against the husband Mahesh who is already arrested and is in custody.” In the result, I do not find any merit in this application. The learned Additional Sessions Judge was right in rejecting the application. The application is rejected. JUDGE RR..