IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 667/2008 Sau. Rekha Wasudeorao Karade and another vs. State of Maharashtra --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 7 th MARCH, 2008. Heard Shri Anil Mardikar, Advocate, for the applicants and Shri Yengal, A.P.P. for respondent-State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicants are being prosecuted for the offence punishable under Sections 302, 304- B, 498-A, 201 r/w Section 34 of the I.P.C. and also under Sections 3 & 4 of the Dowry Prohibition Act. The applicants are arrested on 1.11.2007 and since then they are in jail. On perusal of the report lodged by Baban Gawande, father of the deceased Jotsna, it appears that there was love affair between the deceased and the son of the present applicant i.e. Gajanan (husband of the deceased). It appears that because of love affairs, she had left the parental house and in Kondeshwar Sansthan they had performed the marriage in mass community marriage function. He had also lodged report to the Police Station for eloping of his daughter. It appears that he had lodged report against the present applicants and their son i.e. husband of the deceased saying that the applicants and the husband had harassed her and subjected her to mental & physical cruelty on the demand of dowry. The circumstances of the case appears to be doubtful as regards the demand of dowry. As regards the case of the husband, though he has not applied for bail, appears to be distinguishable from the case of the present applicants. The discovery statement was allegedly made by the husband of the deceased to discover the cable wire by which the alleged instrument of offence was discovered. The husband is stated to be in jail. It is also pointed out by the learned counsel for the applicants that the present applicants were residing on the ground floor, whereas the deceased & her husband were separately residing on the first floor. In the circumstances, the applicants cannot be denied bail as the possibility of their implication on suspicion cannot be overruled. In the circumstances, each of the applicants be released on bail on furnishing surety and P.R.Bond of Rs. 20,000/-, subject to conditions that they shall attend the the trial regularly and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observations are in the prima facie view of the matter and the same shall not influence in any way the learned trial Judge while deciding the matter on merits. Bail in Lower Court. Application stands disposed of. JUDGE Rvj.