abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 532 OF 2008 1. Nitesh Yashwant Gaikwad 2. Nilesh Yashwant Gaikwad .. Applicants V/s The State of Maharashtra .. Respondent Mr.G.V. Bhagat for the applicants. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 26TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicants seek bail in respect of an offence registered with Murbad Police Station under C.R. No.I-144/2007, punishable under sections 498A, 306, 506 read with 34 of the Indian Penal Code. 3. The incident in question took place on 7th December 2007. The applicants, who are brothers in law - 2 - of the deceased, were arrested on 13th December 2007 and are in custody for more than two months. Charge sheet has not yet been filed. 4. The prosecution case in short is that Karuna, the deceased, was married to Manoj Yashwant Gaikwad, who is brother of the applicants, on 25th May 2007. Since the marriage, the deceased was harassed by the husband and members of his family. The husband of the deceased was demanding Rs.90,000/- from the parents of the deceased. It is alleged that on account of the injury caused to her by someone in the family while she was sleeping, the deceased was once admitted to the hospital. FIR further states that after the discharge, there was no further harassment to her and she had informed on telephone on several occasions that she was living happily thereafter. On 7th December 2007 the deceased committed suicide. The husband of the deceased as well as the applicants were arrested in connection with the suicide. 5. There is no evidence of harassment after the alleged injury caused to her and she was living happily. Considered prima facie, in my view, the material on record is not sufficient to connect the applicants, who are brothers in law of the deceased, to the crime. They are in custody for more than 2 months and even during - 3 - the period of 2 months, sufficient evidence could not be collected against them. In the circumstances, the applicants are entitled to bail. Hence, I pass the following order: ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on each of them executing personal bond of Rs.20,000/- with one or two sureties for the aggregate amount of Rs.20,000/- subject to the following conditions:- (a) The applicants shall not directly or indirectly make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (b) The applicants shall attend the concerned police station once a week on every Monday between 5.00 and 7.00 p.m. till the filing of the charge sheet and shall thereafter attend the court on every date to which the case may be adjourned/posted. (D.G. KARNIK, J.)