IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 935 OF 2009 1.Bagesh Radheshyam Upadhayay 2.Rajesh Radheshyam Upadhayay ...Applicant Vs. The State of Maharashtra ...Respondent --- Shri Amin Solkar for Applicants Shri Rajesh More, APP for the State ---- CORAM: V.M. KANADE J. DATED 30TH MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State. 2. The Applicants have been arrested in connection with an offence punishable under sections 498A, 306 of the Indian Penal Code. 3. The Applicant No.1's wife had committed suicide by pouring kerosene on her body and setting herself on fire, at that time, the Applicant was in the house. The statement of the witnesses indicate that the demand of dowry has been made. The other witnesses have also stated that the deceased was not happy. 4. Taking into consideration the fact that the deceased committed suicide within three months after returning to the matrimonial house in Mumbai. In my view, this is not a fit case for grant of bail to the Applicant No.1. Application for bail filed by the Applicant is rejected. 5. So far as, Applicant No.2 is concerned, there is no material on record to show that he had in any time with the deceased or treated her with cruelty. Further the chargesheet has also been filed. Therefore, the Applicant No.2 deserves to be released on bail. 6. The Applicant no.2 be released on bail in C.R. No. 395 of 2008 registered with Dindoshi Police Station, in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station, as and when called. 7. Application is, accordingly, disposed of. V.M. KANADE J.