(1) CRI.APP. 3903.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3903 OF 2010 Kacharu S/o Santram Duche, Age : 45 years, Occu: Agri., R/o. Khurdaithan, Tq. Jamkhed, Dist. Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor of High Court, Bench at Aurangabad) .. Respondent ... Mr. K.S. Bhore, Advocate for the Applicant Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH OCTOBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. Heard. 3. It appears that the the applicant is the husband of the sister-in-law of the deceased Anita. He is roped in and arrested in connection with crime no. I-163 of 2010 registered at Jamkhed Police Station for the offences punishable under section (2) CRI.APP. 3903.2010 498-A, 302, 201 r/w. 34 of the Indian Penal Code. So far as the applicant is concerned, it appears that the only role attributed to him in the FIR pertains to his visits to house of the complainant as and when deceased Anita used to go to the matrimonial home, in order to ask for explanation as to why she was not being sent back to her matrimonial home. It is vaguely stated in the FIR that he used to instigate husband of the deceased and brother in law of the deceased. The FIR does not show nature of so-called instigation. On 16.7.2010, dead body of Anita was recovered from the well. Though, it prima facie appears that she consumed poisonous substance or was administered poison and, thereafter her dead body was thrown in the well in order to make a scene that she had drowned, the participation by the applicant in the alleged beating or administration of poison to deceased Anita, is rather rendered in obscurity. Matrimonial home of deceased Anita is at the village Katewadi, whereas the applicant resides at village Khurdaithan. (3) CRI.APP. 3903.2010 4. In this view of the matter, it is difficult to infer that the applicant is criminally liable for the charge, particularly in respect of the offence of culpable homicide punishable with death or imprisonment for life. 5. In the result, the Application is allowed. Applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety bond to the satisfaction of the Court of Sessions. Sd/- [V.R. KINGAONKAR, J.] arp