1 BA-1762-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1762 OF 2011 Mr. Bansi Vishnuprasad Khandelwal ... Applicant/accused vs. The State of Maharashtra ... Respondent Mr. Saeed A. Khan, i/b. M/s. H & M Legal Associates,Advocate, for the applicant. Mr.Y.M.Nakhwa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 28th November, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.320/2011 registered with Virar Police Station under Sections 306, 498 read with Sec. 34 of IPC. 2. Prosecution case, in brief, is that deceased Komal, who was sister of the first informant Chintan Lal, was married to the applicant on 23.1.2011. On 20.11.2011, she committed suicide by hanging herself. As per the FIR, about 3 months after the marriage, her husband and in-laws began to harass her for petty things. It was also revealed that her husband had a girl friend before the marriage. Said girl friend Shweta paid visit to the house of the accused on his 2 BA-1762-11.sxw birthday. At that time, deceased Komal came to know about the relations of the applicant and Shweta and therefore some dispute had taken place between the husband and wife. Komal was unhappy and upset because the accused was receiving telephonic calls or SMSes from Shweta. It is further alleged that on 4.10.2011, the accused had sent SMS to the complainant that two shops at Virar i.e. Shop No.3 in Yashwant Galaxy, Opp. Viva College and shop No.5 in Gulmohar Complex were available and they were good for business. It is alleged that thereafter a demand of Rs.5 lakh was made. It is alleged that because said demand was not satisfied, Komal committed suicide. 3. The learned Counsel for the applicant contends that during investigation, police found a diary in the cupboard of the deceased in which she had left a suicide note and as per that note, it is impossible to hold hat she had any strained relations with her husband or that there was any demand. The learned APP, on instructions, makes a statement that the said writing is yet to be compared with the admitted writing which is to be secured from the School of the deceased. Therefore, that suicide note may not be taken into consideration at this stage. 4. If the FIR is looked into, it appears that for about 9 months after the marriage, there was no demand from the applicant or his parents. The SMS about 3 BA-1762-11.sxw the availability of shops was allegedly received on 4.10.2011 but that also does not speak about any demand. It appears from the FIR that on the birthday of the applicant, Komal had come to know that he had love affair with another girl Shweta prior to the marriage and she was perturbed by that. He used to receive telephone calls or SMS from said Shweta and because of that Komal used to get disturbed. In view of these circumstances, I find no valid reason to refuse bail to the applicant. 5. Therefore, the applicant be released on bail on his executing P.R. of Rs.25,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)