IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3982 OF 2007 CRIMINAL APPLICATION NO.3982 OF 2007 CRIMINAL APPLICATION NO.3982 OF 2007 Santosh Bhaskar Derle ..Applicant versus The State of Maharashtra ..Respondent Mr.A.P.Mundargi for the Applicant Ms. Shinde for the State CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th April, 2008. DATED : 17th April, 2008. DATED : 17th April, 2008. P.C. 1. The applicant is arrested under Section 498A, 304(b), 306 r/w.34 of I.P.C. in C.R.No.81 of 2007 of Niphad Police Station, Nashik, on 29.8.2007. The chargesheet has already been filed. I have heard learned Advocates on both the sides. It is true that there are two dying declarations of Kalpana, wife of the applicant, who died subsequently. Those dying declarations against the applicant is alledge infliction of cruelty. The main allegation is as regards demanding money for securing transfer of the applicant and that is how the offence under Section 304B of the Indian Penal Code is alleged. It is noted that the applicant was working in the Police Department and as of today he stands suspended. The principal witnesses in the present case would be the parents of Kalpana. 2. After having considered the record and the peculiar facts of the case, it is seen that the present applicant is facing suspension. There is hardly any chance that he would like to take risk of tampering the witneses. Considering the date of arrest and the allegations levelled against him, I am inclined to release him on bail by putting him to terms and conditions and in particular not to enter village Chanderi where the parents of Kalpana are staying. The child born out of the wedlock of the present applicant and the deceased is residing with the parents of Kalpana. Ld. Advocate Mr. Mundargi in his course of arguments had made statement on instructions from his client that his client would not like to trouble the child by any means such a visiting him or taking him away from the custody of the grand parents. Needless to mention that if the applicant wants to have limited access, so far as the child is concerned, he may have to move the concerned Court to seek appropriate order, as the applicant cannot be totally kept away from his son. For the reasons mentioned aforesaid, I am inclined to pass the following order. ORDER ORDER ORDER i) Application for bail is granted. ii) It is hereby ordered that the applicant be released on bail in C.R.No.81 of 2007 of Niphad Police Station. It is hereby ordered that the applicant be released on bail in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one solvent surety in the like amount. The applicant shall execute P.R.Bond in the sum Rs.20,000/- (Rupees Twenty Thousand Only). iii) The applicant shall not enter the limits of village Chanderi, Taluka Niphad, District Nashik till the case is over. iv) The applicant shall not meet his son Sachin without the permission of the Addl. Sessions Judge, before whom the case is pending. v) The applicant shall report to Niphad Police Station, on second and fourth Saturday of every month till the evidence of parents of Kalpana is over. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)