1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3255 OF 2010 Ashok s/o. Rohidas Bahir, Age 35 yrs., Occu. Nil., R/o. Katewadi, Tq. Jamkhed, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. K.S. Bhore, Advocate for applicant. Mrs. B.R. Kale, A.P.P. for State. CORAM: V.R.KINGAONKAR, J. DATED: 25th August, 2010. PER COURT : 1. This is an application under section 439 of Cr. P. C. for bail. 2. The applicant is cousin of the husband of deceased Anita. Allegedly, said Anita was subjected to matrimonial cruelty for about 4-5 years after the marriage. She was being beaten by the husband and his relatives. On 16th July 2010 her dead body was recovered from the well. It appears from the post mortem notes that she died as a result of asphyxia caused due to organo phospherous compound. It also prima facie appears that she was joined to death and thereafter her body was thrown in the well in order to make show of drowning. The medical opinion reveals that the death did not occur due to drowning . 3. So far as the present applicant is concerned, the F.I.R. purports to 2 show that he used to instigate husband of deceased Anita to beat her. There are general allegations against the applicant. The applicant resides in a separate house as is prima facie revealed from the copy of the ration card. The prosecution has not recorded statements of any adjoining house owner to indicate presence of the applicant Ashok in the house of the husband of deceased Anita in the proximity of the period of her death. Under such circumstances, the applicant Ashok is entitled to seek liberty on certain conditions. 4. In the result, the application is allowed. Applicant Ashok is directed to be released on bail on furnishing P.B. and S.B. in the sum of Rs. 25,000/- (Rs. twenty five thousand) with one solvent surety bond to the satisfaction of the Court of Sessions. He shall submit an undertaking before he is released on bail to the effect that he will not contact any of the prosecution witness and will report his presence to the concerned P.S.O. of Jamkhed Police Station on each Monday and Friday between 11.00 a.m. to 2.00 p.m. and he will co-operate with the Investigating Officer. The condition to attend the police station is operative till charge- sheet is filed. If he will commit breach of the conditions, the prosecution will be at liberty to apply for cancellation of the bail. [ V.R. KINGAONKAR, J.] ssc/ca3255.10