1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3724 OF 2008 Avinash Ashok Dakhale & Ors. .. Applicants. Vs. The Senior Inspector of Police MIDC Police Station & Ors. .. Respondents. Mr.C.M.Solanki for the applicants. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST NOVEMBER, 2008. DATED : 21ST NOVEMBER, 2008. DATED : 21ST NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicants and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.566 of 2008 of MIDC police station, Andheri (E), Mumbai. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 306 r/w 34 of the IPC. 3. It is the case of the prosecution that on 29.8.2008 the deceased - Kavita poured kerosene and set herself on fire in her own house. According to the prosecution all the accused are responsible for driving Kavita to commit suicide. It appears that the deceased and applicant no.1 - Avinash were in love and that the parents of Avinash were not in favour of their affair. There are two dying declarations on 2 2 2 record dated 29.8.2008 and 30.8.2008. In the first dying declaration the deceased - Kavita has not implicated anyone and in the second dying declaration she has stated that she had affair with Avinash and that on 29.8.2008 at 2.30 p.m. when she was with Avinash on the 6th floor of the building the parents of Avinash i.e. applicant nos.2 and 3 went there and slapped the deceased and abused her. She immediately went home and committed suicide. Having considered the nature of allegations against the applicants I am inclined to grant this application for anticipatory bail. Hence the following order: . In the event of arrest, the applicants to be released on bail in the sum of Rs.5,000/- each with one or two sureties of the like amount subject to condition that the applicants shall report to the concerned police station on every alternate day between 10 and 11 am till 5th December, 2008 and thereafter as and when called. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)