1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1439 OF 2010 Balu s/o Dhondiba Halnor ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Shri D.K.Dagadkhair, advocate for the applicant Shri K.S.Patil, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 3rd May, 2010 PER COURT : 1 Heard Shri D.K.Dagadkhair, advocate for the applicant and Shri K.S.Patil, A.P.P. for the respondent. 2 This is an application for anticipatory bail preferred by applicant herein apprehending his arrest under CR No. I-124 of 2009, registered at Jamkhed police station, District Ahmednagar for the offence punishable under Sections 302, 498A r/w 34 of the Indian Penal Code. 2 3 It appears that the offence has been registered on the complaint lodged on 8.10.2009 on the basis of dying declaration of victim namely Rekha, recorded on 7.10.2009 alleging that while she was sleeping in the morning on 4.10.2009 at about 6.00 a.m. her husband co-accused namely Ashok her brother-in-law, another co- accused namely Baban and the applicant namely Balu as well as mother-in-law namely Laxmibai, poured kerosene on her person and set her ablaze and fled away which was seen by her as well as her daughter. 4 Apparently there were three dying declarations of victim namely Rekha recorded by the investigating agency, i.e. first on 4.10.2009, second on 6.10.2009 and third on 7.10.2009, on the basis of which, first information came to be registered. Pertinently first dying declaration recorded on 4.10.2009 discloses that victim Rekha Halnor sustained burn injuries by bursting of stove and she has no grievance against anybody; second dying declaration recorded on 6.10.2009 discloses that she sustained burn injuries due to bursting of stove and she raised finger towards the mother-in-law, namely Laxmibai in respect of the said mishap; whereas third dying declaration i.e. first information report recorded on 7.10.2009 does not disclose the above referred allegations, but discloses that when she was sleeping on 4.10.2009 at about 6.00 a.m. her mother-in-law Laxmibai, her husband Ashok another brother-in-law Baban and the applicant herein namely Balu another brother-in-law, poured kerosene on her person and set 3 her ablaze and fled away, which was seen by her and her daughter. It is apparent that there are different versions in the afore said three dying declarations and apparently said dying declarations are not consistent with each other in respect of the occurrence of the incident. 5 Besides that, investigation has been completed and charge sheet has been filed and since the applicant was absconding, charge sheet in respect of the applicant herein was filed in accordance with the provisions of Section 299 of the Code of Criminal Procedure. It is submitted by learned counsel for the applicant that applicant had preferred application for anticipatory bail before the learned Sessions Judge after filing charge sheet on 5.1.2010, but same came to be rejected on 2.2.2010. Hence, the applicant has preferred the present application for anticipatory bail before this court. Learned counsel for the applicant also submitted that he is serving as a conductor with Aurangabad Municipal Transport Corporation and he was not absconding and he was available for investigation purpose. 6 After having the comprehensive view of the matter, present application deserves to be allowed and the applicant is required to be directed to surrender before the Trial Court and he may prefer application for bail before the said Court, which needs to be decided forthwith by the said Court and present protection is required to be extended for one week thereafter to enable him to take proper recourse if said bail application is rejected. 4 7 In the result, present application is allowed and it is directed that in the event of his arrest under CR No. I-124 of 2009, registered by Jamkhed police station, District Ahmedngar, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount till he surrenders before the Trial Court i.e. till 10.5.2010 and the applicant is directed to surrender before the Trial Court on 10.5.2010 since the charge sheet has been filed, and the applicant may prefer application for regular bail before the said Court and if such application is preferred by the applicant, the Trial Court to decide the said application on the same day and present protection is extended till one week thereafter, to enable the applicant to take proper recourse, if said application is rejected, on the condition that the applicant shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly. 8 The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1439.10