1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 501/2011 Dadarao Vitthal Ghuge V/s.. State of Maharashtra through P.S.O. P.S. Malegaon, Tah. Malegaon, Distt. Washim Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : U.V. BAKRE, J. DATED : 04.10.2011. 1. Heard Mr. A. P. Tathod, learned Advocate for the Applicant and Mr. S. S. Doifode, learned A.P.P. for the Non-Applicant. 2. The applicant, who is the husband of the deceased was arrested on 10/04/2011 in Crime No. 57/2011 registered at Police Station Malegaon for offence punishable under Sections 498-A and 302 of the Indian Penal Code. He prays for bail on the ground that dying declarations made by the deceased contradict one another and that chargesheet has been already filed. 3. The applicant was married to the deceased on 22/05/2010 and, on 10/04/2011 the deceased sustained burn injuries. Initially, the offence punishable under Sections 498-A and Section 307 of the Indian Penal Code was registered. The deceased died on 16/04/2011, because of which Section 302 of I.P.C. has been added. However, before her death, the deceased made three dying declarations in which she has specifically implicated the applicant saying that he poured kerosene on her and set her on fire. There is also evidence of the relatives of the deceased to whom she narrated the incident. These witnesses have also 2 spoken about ill-treatment meted out to the deceased by the applicant. Hence, there is prima facie evidence against the applicant. 4. However, the position now is that charge-sheet has already been filed and the presence of the applicant is not required for investigation. The applicant is an young man and there is no fear that he would tamper with the evidence and flee from justice, in case, he is released on bail. 5. In view of the above, the application is allowed. 6. The applicant shall be released on bail in Crime No. 57/2011 registered at Police Station Malegaon for offence punishable under Sections 498-A and 302 of the Indian Penal Code, upon execution of personal recognition bond in the sum of Rs. 30,000/- (Rupees Thirty Thousand only) with one solvent surety in the like amount. Application stands disposed of accordingly. JUDGE Punde.