1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2225 OF 2010 Chetan S/o.Bhagwan Mahale, Age-24 years, Occu-Education, R/o.Vijay Laxmi Apartment, Behind Bharti Vidyapeeth, Ambegaon Bk. Pune-46, Tq. and Dist. Pune. APPLICANT VERSUS 1. The State of Maharashtra 2. Superintendent of Police, Ahmednagar, Dist. Ahmednagar RESPONDENTS Mr.S.J.Salgare h/f. Mrs.S.S.Jadhav, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 18/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.29/2010, registered in Rahuri Police Station, for the offence punishable u/s. 306 r/w. 34 of IPC and u/s. 3 and 4 of the Maharashtra Prohibition of Ragging Act. 2. Heard learned counsel for applicant, learned APP for State and 2 also perused the papers of investigation. 3. It appears that one Prashant Bandopant Chitalkar, a student of 2nd year Law, studying in D.E.S.Law College at Pune, had committed suicide on 25/01/2010, at his native place Rahuri, by jumping in the well, near Mula Dam of village Rahuri. On 28/01/2010, his father, working in the police department, lodged complaint against the present applicant and 3 other known and 4-5 unknown persons. According to him, this applicant and the other known and unknown persons and his colleagues, studying in the same college were teasing and humiliating his son deceased Prashant on the count that his father is working in the Police Department and indulged in collecting black money. It is further alleged that as humiliating treatment was given by this applicants and others, the deceased Prashant committed suicide. It appears that, on the basis of report of Fact Finding Committee, appointed by the College, negative finding is recorded about the ragging to the deceased Prashant at the hands of applicant and other known and unknown students. Apart from it, no previous complaint was lodged about the alleged acts on the hands of applicant and others. 4. It is also brought to the notice of this Court that the other persons, whose names were arrayed in the complaint at the hands of father of the deceased, all those were released on anticipatory bail, hence on the ground of parity, the applicant is also entitled for anticipatory bail. 3 5. On specific query to the learned APP, as there is reference in the complaint that some SMS messages were received by Prashant on his cell phone, but according to the prosecution, the service provider of the Mobile Company declined to provide the information as regards the SMS. It can link to some extent to support the allegations in the complaint. The allegations in the complaint are not supported by the evidence to be collected through Electronic Media, which evidence is not admittedly collected by the prosecution. In the premise, case is made out to grant protection. Hence order, O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 29/2010, registered in Rahuri Police Station, Dist. Ahmednagar, he be released on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. This protection is granted till filing of the charge sheet. 4. Applicant to co-operate the investigation agency and to attend the concerned police station if require, on written requisition by the Investigation Officer concerned. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2225-10