(1) Cri. Application No. 4242 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4242 of 2011 Kunal s/o. Prabhakar Emekar, Age : 21 years, Occupation : Education, R/o. Saraf Line, Near Madhware Hospital, Udgir, Taluka : Udgir, District : Latur. .. Applicant. versus The State of Maharashtra, Through Police Station, Udgir (City), District : Latur. .. Respondent. ....................... Mr. S.V. Warad, Advocate, with Mr. P.G. Rodge, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 12TH OCTOBER 2011 (2) Cri. Application No. 4242 of 2011 COURT'S ORDER : 1. Perused the investigation papers and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking anticipatory bail, apprehending his arrest in connection with Crime No. 45/2011, registered at Police Station, Udgir (City) (District : Latur), for the offences punishable under Sections 305, 511, 323, 504, 506, read with Section 34 of Indian Penal Code. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Puja Gurunath Chalke, on 7-6-2011, against the applicant, namely, Kunal s/o. Prabhakar Emekar, and also against the co-accused persons. It is alleged in the complaint / FIR, that on 31st May 2011, the first informant was at her residence. At this juncture, the applicant herein, namely, Kunal, with whom she had love affair, called her to his residence at Saraf Line at about 16.00 hours, and accordingly, she went there and the co-accused Prasad Pande and Lata Prabhakar Yemekar were also present there. The said FIR further recites that they asked the complainant to cease the relations with them, and stated to her, that if she visits again, (3) Cri. Application No. 4242 of 2011 they would not keep her, and thereafter, they abused and assaulted her by leg-kicks and fist blows. It is further alleged that her grandmother Shakuntala was passing through the said place, who met the complainant and took her to her residence. It is further alleged in the said FIR, that at about 20.00 hours, the complainant sustained agony due to aforesaid assault and abuses, and therefore, poured rockel from the drum, on her person, at her residence, and set herself ablazed. 4. Apparently, although the incident of assault took place at about 16.00 hours on 31st May 2011, the complaint was lodged by the complainant after about 7 days i.e. on 7-6-2011 at 22.15 hours, and the said act of attempt to commit suicide was not done immediately after occurrence of the incident of assault and abuses. The statement of Shakuntala is in consonance with the contents of the complaint in respect of abuses and assault, but differs in the timing. It is stated in her statement, that she brought the complainant at about 7.00 p.m., on 31st May 2011, from the place of incident to her residence and gave understanding to the complainant, whereas as per contents of the complaint, the incident of assault and abuses occurred at about 04.00 p.m., on 31st May 2011. Moreover, apparently, contents of the FIR do not disclose the ingredients of Sections 305 and 107 of Indian Penal Code. Moreover, although the incident occurred (4) Cri. Application No. 4242 of 2011 on 31st May 2011, the FIR came to be lodged after 7 days i.e. on 7-6-2011 and cause of the delay has not been explained in the contents of the said FIR. Admittedly, the victim Puja sustained 50 % burn injuries and she has been survived. Moreover, the school leaving certificate of the victim Puja disclosed her date of birth as 26th February 1995, and therefore, she was above 16 years on the date of incident i.e. on 31st May 2011. 5. Having comprehensive view of the matter, and considering accusations made against the applicant and nature and gravity thereof, it appears that there is no necessity of custodial interrogation of the applicant for further progress in the investigation, and hence, present Application deserves to be allowed. 6. In the result, present Criminal Application is allowed, and it is directed that in the event of arrest of the applicant, namely, Kunal s/o. Prabhakar Emekar, in connection with Crime No. 45/2011, registered at Police Station, Udgir (City) (District : Latur), he be released on bail on executing P.R. Bond in the sum of Rs. 15,000/- with one surety in the like amount, on the following conditions : (i) Applicant shall give attendance before the concerned (5) Cri. Application No. 4242 of 2011 investigator once in a week on every Monday between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation, and (ii) Applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7. Present Criminal Application is disposed of finally. 8. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka4242