1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4297 OF 2009 (Nilesh Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs. S.S.Jadhav, Adv., for the applicant. Mr. D.V.Tele, AGP for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE:15/1/2010 P.C.:- 1. Heard learned Counsel for the accused/applicant Nilesh extensively. The Counsel submits that the accused/applicant is innocent. The FIR does not make out a case under Section 302 of IPC. No reasons assigned for the father to keep himself away after the incident dt.15.8.2009, including statement of two girls; Nikita and Vaishali. The accused/applicant is a permanent resident of village Shevage, taluka Parola, dist. Jalgaon and there is no danger of his 2 absconding or creating terror. Learned Counsel also took me through the post mortem notes to impress that the case more leans to accidental death than a case of drowning by force or a homicidal death as the prosecution desires. 2. The accused/applicant moved Criminal Application No. 3304/2009 and by order dt.5th Oct.,2009, it was rejected considering that death of Ujjen, 7 years old daughter of the complainant Devidas could not be accidental and the statements of two girls; Vaishali and Nikita having subsequently informed the investigator that the girl Ujjen was moved from the lunch on programme on 15th August, 2009 by accused. At this stage of the matter, their belated statement to the Police itself shall not be a parameter to disbelieve the statement of Nikita and Vaishali to hold that the accused did not carry Ujjen from the lunch on programme though the theory of last seen or last seen being 3 carried together should not be a ground, however, the prelude in the matter also leads to controversy between the complainant and father of the accused, including the accused, over the medical bills due to accident suffered by complainant's wife, involving father of accused. The belated FIR is inherently explained. The nature of injury suffered by the deceased, as reflected in the post mortem notes and, particularly, last two lines of column no.15 and the injuries at column no.17, magnify the situation, the manner in which the deceased has lost her precious life, taking the family to a depressed situation. Since the accused/applicant is also residing in the same village and considering the nature and manner in which the event has taken place, no situation for bail. 3. Application rejected, however, liberty to the accused/applicant to move this Court if there is no progress in the Sessions case, 4 after six months from today. 4. The observations are prima facie in nature. The learned Judge dealing with the Sessions Case shall not be influenced by them. (K.U.CHANDIWAL) JUDGE ... agp/4297-09crapl