Cri.Bail Application No.248/2024
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MHCC020017402024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.248 OF 2024
IN
C.R.NO.721 OF 2023
Arunkumar Maurya
Aged 25 Years ,
Having address at C/o Shiv
Mohan, Ward No.5,
Tehiparadakshini Nagar
Panchayat, Hathgram,
Fatephur, Uttar Pradesh 212652.
Prison-Mumbai Central,
Mobile No.-NA
Email Id.-NA
..Applicant/Accused
Vs.
The State of Maharashtra
Dharavi Police Station.

..Respondent
Appearances :Ld. Advocate Mr. Rakesh Jadhav, for the Applicant/ Accused.
Ld. Addl. P.P. Mrs. Rajlaxmi Bhandari with Mrs. Meera
Choudhari-Bhosale, for the State/Respondent.
CORAM : H.H. DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41)
DATED : 21ST FEBRUARY, 2024
ORDER
01.

The application is filed by the accused under Section 439
of the Code of Criminal Procedure, 1973 in connection with C.R.
No.721/2023 registered with Dharavi Police Station for the offence
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punishable under Sections 498-A, 304-B, 323, 504, 506 r/w 34 of the
Indian Penal Code, 1860 and sections 3 and 4 of the Dowry
Prohibition Act, 1961.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the deceased and the accused were
married on 10/12/2020. The deceased stayed with her in-laws for few
days and then came to Mumbai with the accused. It is alleged that in
January till Makar-Sankrat, the deceased informed her parents that
the accused, his parents, his uncle taunted her for not giving dowry.
They used to assault her and not give her food. It is alleged that on
31/01/2021 the accused and the deceased came to Mumbai. The
deceased used to inform her parents that the accused and his uncle
were continuously torturing her. On 03/03/2021 the complainant i.e.
mother of the deceased received phone call that her daughter
succumbed to death at Sion Hospital, Mumbai. She informed the
same to her other daughter Anjali residing at Pune. She came to
Mumbai and took the dead body to Uttar Pradesh. He submitted
that the accused did not subject the deceased to any cruelty, no
demand for dowry was ever made. He further submitted that the
mobile phone of the deceased is seized. One black odhani is also
seized. He further submitted that there is no criminal antecedents of
the accused. The accused is ready to abide by all terms and
conditions imposed by the Court. He has prayed for grant of bail to
the accused.

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04.

Per contra, Addl.P.P. submitted that the accused is not
permanent resident of Mumbai. The offence is serious in nature.
Statement of witnesses are not yet recorded. CDR is to be obtained.
Seizure panchanama is drawn. One black odhani is seized and
mobile phone of the deceased is also seized. Medical reports support
the story of the prosecution. If the accused is released on bail, there
is possibility of threatening the complainant and witnesses,
tampering with the evidence and hindering investigation. She has
prayed for rejection of the bail application.
05.

Perused the record. FIR mentions that
the deceased
used to inform her parents that the accused and his parents used to
taunt her, not give her food for giving less dowry and also used to
assault her. They were treating her with cruelty and taunting her,
demanding dowry on phone also. The incident has occurred on
03/03/2021 and the FIR is lodged on 25/09/2023. The Samsung
Mobile of the deceased is seized. The deceased hanged herself in her
house. The black odhani is also seized. The parents of the accused
and his uncle are granted anticipatory bail by order passed in
Anticipatory Bail Application No.2668/2023 on 29/12/2023. Taking
into consideration the mobile phone fo the deceased is seized, black
odhani by which she allegedly hanged herself is also seized; there is
no propriety in keeping the accused behind bars. Further, there are
no criminal antecedents of the accused. As the accused is not
permanent resident of Mumbai, he can be directed to attend the
police station every three months to ensure his presence for trial
among other conditions. To protect the complainant and ensure
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presence of the accused for trial, terms and conditions imposed on
him while grant of bail. Similarly, to protect the complainant, avoid
future dispute certain terms and condition can be imposed on the
accused. For the aforesaid reasoning, it is found fit to grant bail to
the accused by imposing certain terms and conditions. Hence, the
orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Arunkumar Maurya be released on bail in Crime
No.721 of 2023 registered with Dharavi Police Station for the
offence punishable under Sections 498-A, 304-B, 323, 504, 506
r/w 34 of the Indian Penal Code, 1860 and sections 3 and 4 of
the Dowry Prohibition Act, 1961 on executing P.R. Bond of
Rs.50,000/- with one or more surety/sureties in like amount, on
the following conditionsa) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Dharavi Police Station on 1 st Sunday
every three months from 7:00 a.m. to 8:00 a.m. till
completion of the trial.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

f) He shall not contact the complainant or his family
member directly or indirectly by any means.

g) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

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3.

Bail before the Metropolitan Magistrate’s Court.

4.

Breach of any condition would entail cancellation of bail.

Date: 21/02/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
21/02/2024
01:17 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
21/02/2024
ORDER signed by P.O. on
21/02/2024
ORDER uploaded on
21/02/2024