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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 836 OF 2014

Haribhau Pandurang Chavan

...

Applicant

Versus

The State of Maharashtra

...

Respondent

Mr. R. J. Nirmal for the applicant

Mr. B. L. Dhus, APP for the respondent-State

CORAM : T.V. NALAWADE, J.

DATE

: 24th February, 2014

PER COURT :

1.

The application is filed for bail. Both the sides are heard. This

Court has perused papers of investigation.

2.

The crime is registered on the basis of report given by father of the

deceased. Deceased was aged about 19 years. One girl aged about 17 years

is a daughter sister of the complainant. Another daughter of the complainant

was given in marriage to Subhash, son of the said sister.

3.

The allegations are made that few days prior to the date of incident

the deceased Vishu went to the house of the said sister of the complainant

and he brought daughter of the said sister of the complainant to his house.

The said sister of the complainant, her son Subhash and her son-in-law Vilas

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become angry due to this conduct of the Vishnu. Vishnu had virtually

kidnapped the said girl and the said girl had started living in the house of

the complainant. The allegations are made that on 25.10.2013, Vilas, one of

the accused visited the house of the complainant and he requested the

complainant to send Vishnu with him. The complainant had given word of

caution to Visnhu as he had suspicion that Vishnu will be finished by his

sister, Subhash and Vilas. Inspite of that caution, Vishnu went with the

Vilas when the complainant was not at home. On the next morning, the

complainant received phone call of Vishnu and Vishnu informed that he

was being taken forcibly away by Subhash, Vilas and present applicant.

The present applicant is brother in law of the said sister of the complainant.

After that, nothing was heard about Vishnu. Dead body of Vishu was

found on 28.12.2013. One letter written by the said daughter of the sister of

the complainant was found with the deceased show that she had love affair

with the deceased.

4.

Papers of investigation that Vishnu died due to head injury.

Papers of investigation include statements of some witnesses showing that

they had seen Vishnu, Subhash in the company of Vishnu at the relevant

time. Statements of Vilas and Subhash are recorded under section 27 of the

Evidence Act.

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5.

From the record it can be said that there is allegation against the

applicant that Vishnu had informed that he was being taken away forcibly

by Subhash, Vilas and the present applicant in a Jeep. It appears that

investigating agency has not collected the call details record in respect of

mobile phone of Vishnu or mobile phone of the complainant.

6.

The applicant has been behind bars since 30.10.2013. In view of

the nature of material available against the applicant, this Court holds that

it is not desirable to keep the applicant behind bars till disposal of the case

against him. In the result, the application is allowed.

7.

The applicant is to be released on bail on his furnishing PR and SB

of Rs.25,000/- (Rupees twenty five thousand) with one solvent surety in the

like amount. He is not to commit similar offence. He is not to tamper with

the prosecution witnesses. He is not to enter the village of the complainant

till disposal of the case.

( T.V. NALAWADE, J. )

JPC

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