[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3004 OF 2008 Mr.Nikhil Babubhai Waghela and Anr. ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi counsel for Mr.A.K.Dubey Advocate for Applicants Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 P.C. P.C. P.C. 1. Heard the learned counsel for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.110 of 2008 of Dindoshi Police Station, Mumbai. The said case is mainly under Section 304-B of IPC. 3. Bhavika was married to applicant no.1. Applicant no.2 is father of applicant no.1. The marriage of Bhavika and Nikhil took place on 25.2.2008. On 20.3.2008, Bhavika was found dead with burn injuries. The FIR has been lodged by [-2-] father of Bhavika. In the FIR, father has not mentioned about any demand by any of the accused persons nor is there any mention of any illtreatment or harassment to Bhavika by any of the accused persons. In fact, prior to recording of FIR of the complainant, the case was registered as ADR being ADR No. 25 of 2008. In his statement recorded in the ADR the complainant has stated that on 19.3.2008 i.e. on the day prior to the incident, he had met his daughter in the evening and there was no problem relating to his daughter. He has stated that his son in law was also a good person and neither he nor his wife had any suspicion or complaint against any one. 4. In the FIR also there is no mention of any demand or any illtreatment or harassment to Bhavika by any of the accused persons, however, as there was smell of kerosene, there was suspicion in the mind of the complainant and hence, FIR came to be lodged by him. On perusal of the material including the statements of Chandubhai, Nenaben, Salima and Sharmishta, it is seen that at the time of the incident, none of the applicants were present at home and Bhavika was alone in the house [-3-] and she herself had locked the door from inside. 5. Looking to the fact that complainant has not made any reference in the FIR to any demand, illtreatment or harassment to Bhavika by any of the accused persons, I am inclined to grant bail to the applicants. 6. Each of the applicant nos.1 and 2 i.e. applicant no.1Nikhil Babubhai Waghela and applicant no.2-Babubhai Jivabhai Waghela be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) each with one or two sureties to make up the said amount. The applicants to report to Dindoshi Police Station, Mumbai once in a month till conclusion of the trial. 7. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]