1 Criminal Application No.1586/2011 with Criminal Application No.1763/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1586 OF 2011 Hemantkumar Dattatray Gaikwad ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... S/Shri S.P. Brahme & Joydeep Chatterji, Advocates for applicant Shri V.H. Dighe, A.P.P. for respondent ..... W I T H CRIMINAL APPLICATION NO.1763 OF 2011 Shri Shashikant Ganpat Gade ... APPLICANT VERSUS Hemantkumar s/o Dattatray Gaikwad & anr. ... RESPONDENTS ..... Shri S.S. Deshmukh, Advocate for applicant S/Shri S.P. Brahme & Joydeep Chatterji, Advocates for respondent No.1. Shri V.H. Dighe, A.P.P. for respondent No.2. ..... 2 Criminal Application No.1586/2011 with Criminal Application No.1763/2011 CORAM : K.U. CHANDIWAL, J. DATE : 2nd May, 2011 PER COURT : 1. Heard finally. Criminal Application No.1763/2011 on behalf of Shashikant Ganpat Gade to assist the A.P.P. is allowed. 2. The accused/ applicant, husband of Chhaya, in custody from 18.2.2011, in Crime No.I-7/2011, registered at Rajur Police Station, District Ahmednagar, for an offence under Sections 302, 498(A) and 120-B of the Indian Penal Code, seeks bail. 3. Deceased Varsha was married to accused/ applicant on 29.5.2010. The father of the accused/ applicant has contested the Parliamentary elections and reported to be a politically influential figure in the region of Nasik. It is alleged, the marriage of Chhaya with the accused/ applicant did not sail well for non compliance of demands and consequently, the accused/ applicant has developed relations with another girl with whom he desired to marry. Statement of such girl is on record, denying such status or of any contact in the manner it was so 3 Criminal Application No.1586/2011 with Criminal Application No.1763/2011 informed. She does not dispute her intimacy with the accused/ applicant and also accused/ applicant to be son of the politically influential person, co-ordinating in the area to support cause of the students in their college or pursuits of studies. 4. Turning to the events, primarily, it appears, on 13.2.2011, when the accused/ applicant carried his wife with his two male friends without their wives, the nail of suspicion is raised. That apart, statement of Chaukidar of the hill illustrate, he warned and sermon the accused/ applicant not to proceed ahead to the fences/ control line, but without bothering, the accused went ahead though it was risky affair of the life of the couple and particularly when deceased had high heel slippers. The accused even immediately after the event, misbehaved with him, demonstrating his arrogance. 5. Statement of two witnesses illustrate that the accused/ applicant was insisting Chhaya to stand in a direction, have a particular pose in order to snap and in the melee, when he insisted that she should come forward or go behind at the sharp edge of hillock, she slipped and collapsed. Though a colour of accidental death is projected, however, mindset of the accused/ applicant is primarily highlighted to ensure a show of accidental death. The victim, his wife was carried to a deserted 4 Criminal Application No.1586/2011 with Criminal Application No.1763/2011 unprotected place, a slope without proper barricades/ barrier where the events could not be properly accounted, and ensured her elimination to achieve the purpose. 6. The statements of two witnesses Alkesh and Sunil, though inform of giving a little clean chit, to accused, but also project and multiply that the accused, with force and adamance, carried the victim, his wife to the deserted and risky area where life toll was certain. 7. With all said and done, even if charge sheet is filed, after events dated 13.2.2011, liberty is not to be entertained as the threat perception in the minds of the witnesses is demonstrated in several applications moved to the police machinery. The fear perception in their mind and the influence that the accused generates has its own implications. The victim had married barely 9 months ago. She was ill-treated by accused. Her bearing the events, aggravated feelings of accused to plan for her life. Application lacks merits, dismissed and finally disposed of. Observations are prima facie. K.U. CHANDIWAL JUDGE fmp/cri1586.11