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20 ABA-1216.2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

20 ANTICIPATORY BAIL APPLICATION NO.1216 OF 2021

WITH APPLN/3080/2021 IN ABA/1216/2021

VISHAL DILIP PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Mr. Chaitanya Deshpande, Advocate for the applicant.

Mr. A.V. Deshmukh, A.P.P. for respondent - State.

Mr. G.D. Jain and Mr. M.S. Sonawane,

Advocates assisting the PP.

...

CORAM :

PRAKASH D. NAIK, J.

DATE :

13-12-2021

ORDER :

1.

The First Information Report (for short, ‘FIR’) was

registered on 23^rd August, 2021 vide Crime No.527 of 2021 with

Dhule Taluka Police Station, District Dhule for the offence punishable

under Sections 306, 504 and 506 of Indian Penal Code (for short,

‘IPC’). The complaint is lodged by the mother of victim. It is alleged

that the applicant was harassing the victim for a long period of time.

He used to make calls to her. The victim had informed about the

harassment to her parents. On account of the harassment meted to

her, she committed suicide on 16^th October, 2021.

2.

Per contra, it is the case of the applicant that there was

love affair between the victim and the applicant. The relationship

was not approved by the parents of the victim. The applicant had

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relied upon the Whats-App chats between the victim and the

applicant and submitted that the conversation between them indicate

that the victim was assaulted by her parents.

3.

Learned A.P.P. submitted that investigation is in

progress. Cell phone of the applicant has been recovered, but it

was damaged by him and it has become difficult to retrieve the

messages, photographs, etc. from the cell phone. Cell phone of the

victim has been recovered which has been forwarded for forensic

examination. The report is awaited. Statements of witnesses are

recorded which indicate that there was continuous harassment to

the victim by the applicant. There was continuous calls made by

applicant to the victim even at wee hours which indicates the nature

of harassment caused to her. Statements of the witnesses indicate

that the applicant was threatening the victim. There were continuous

calls before the date of incident. On account of harassment, she

has committed suicide.

4.

Learned Counsel for the complainant also supported the

submissions of the learned A.P.P. It is submitted that two cases

were registered against the applicant in the past. The victim was

educated and she would not have relationship with such person.

There was no response from her. The applicant / accused, on the

contrary, was harassing the victim. The other statements attribute

specific role to the applicant. There was no reason for the victim to

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commit suicide. Applicant resides in the same village. The victim

was under pressure. On 15.08.2021 applicant made continuous

calls to victim. In paragraph No. 8 of the order passed by Sessions

Court, it is observed that applicant relied on Whats-App chat. The

chat suggests that one person was beaten by her family and there

was quarrel. Other person was trying to ocnsole. The date and time

shows that chats range from 15.08.2021, 12.56 a.m. to 10.02 p.m.

with intervals. The last message is of 16.08.2021, 07.27 p.m. and it

is “Goodbye forever”. There is long gap between last messages of

15.08.2021 and 16.08.2021. Transcript does not show profile or cell

phone number of applicant and victim. It does not show what

transpired between them from 15.08.2021.

5.

Learned counsel for the applicant, in re-joinder,

submitted that whats-app chats clearly indicate that the victim was

assaulted by the parents. They were against their relationship. He

also relied upon the whats-app chat between them which indicates

that the victim had responded to the applicant at about 2.08 a.m. on

15.08.2021. It shows the nature of relationship between the

applicant and victim.

6.

I have perused the documents.