{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4489 OF 2009 Bajirao s/o Raoji Bagul APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs.Varsha Ghanekar h/f Mr.V.S.Ghanekar, Advocate for applicant Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 21st January 2010 PER COURT: 1. By this application, the applicant has moved this Court for his release on bail in connection with CR No.176/2009 for an offence punishable u/s 498-A and 302 of the IPC, wherein the applicant is arrested on 22.08.2009. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. 3. The alleged incident has occurred in the afternoon of 15th August 2009 in the residential premises of the victim Mangal. Admittedly, the incident has occurred within two years from the {2} date of marriage of the victim with the applicant. The death of the victim is caused due to consumption of poison and head injury. Though no surface injuries are noted in the post mortem notes, yet there are incise lacerated woulds over left front temporal region (size 10 X 8 cm). The medical officer has opined that the death is a homicidal death caused due to consumption or administration of poison, however before that there was blow on the skull of the victim. A stick and an empty tin, containing some endosalfan is recovered at the instance of the applicant. Presumption u/s 106 of the Indian Evidence Act, lies with the applicant. The alleged incident has taken place inside the residential premises of the applicant and articles are recovered at his instance from outside the house. There appears prima facie nexus between the recovery of articles at the instance of the applicant and the death of the victim. It is a case of bride burning that too within a period of two years of marriage. In the premise, no case is made out to enlarge the applicant on bail. 4. In the result, the application is dismissed. As charge sheet is filed and committal order is yet to be passed, directions to the learned trial court to immediately pass the committal order. Sessions Court is also directed to expeditiously dispose of the trial within a period of one year in accordance with law. [A.V.POTDAR, J.] drp/A10/criapln4489-09