1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (ABA) No. 327/2011 Bhajan Sitkur Thaware Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 26/09/2011. Heard Mr. S.G. Karmarkar, learned counsel for the applicant and Mr. P. D. Kothari, learned APP for the respondent. The applicant, who apprehends his arrest in Crime No.84/2011 registered at Lakhandur Police Station for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, has filed the present application for pre-arrest bail. The applicant is father-in-law of the deceased Nisha, who was married to Anup on 3.5.2011. On 5.9.2011 early in the morning she died. As per the post-mortem examination report, the probable cause of death is poisoning. The allegation against the present applicant and two others namely his son Anup and his wife Maya is 2 that they used to harass the deceased and ill-treat her for demand of Rs. 50,000/- and on 4.9.2011 they administered poison to her. Perusal of the oral report lodged by the father of the deceased reveals that there is no direct evidence at all against the applicant. The father of the deceased has only presumed that either the applicant and two others have administered poison to his daughter or that they might have abeted her for commission of suicide. No offence under Sections 306, 304-B and 498-A of the Indian Penal Code has been registered against the applicant and, therefore, the question of application of presumption arising under Sections 113-A and 113-B of the Indian Evidence Act, does not arise. On the oral report initially lodged by husband of the deceased namely Anup, accidental death under Section 174 of the Code of Criminal Procedure was registered at Lakhandur Police Station. Since in the said report Anup has stated that the deceased was found in unconscious state at 11.00 p.m. and she was taken for treatment to the hospital at 2.30 a. m. on the next day, there is suspicion against the applicant and others, as they might have purposely delayed to give treatment to the deceased. The above is hypothetical and there is no substance in such allegation. Considering the nature of the evidence and the fact that the applicant is not previous convict or is not 3 likely to flee from justice, I am of the view that he is entitled for anticipatory bail. In the result, the application is allowed. In the event of arrest of the applicant in Lakhandur Police Station Crime No. 84/201 registered for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, he shall be released on bail, upon execution of personal recognition bond in the sum of Rs. 25,000/- (Rs. Twenty five thousand only) with one solvent surety in the like amount, under the following conditions, namely, (I) The applicant shall attend Lakhandur Police Station as and called upon by the Investigating Officer to do so. (II) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (III) The applicant shall not leave India without previous permission of this Court. (IV) Hamdast allowed. Application stands disposed of, accordingly. JUDGE Ambulkar