1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 3407/2009 ( N.M. Bajare .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. M.P. Kariya, Advocate for Applicant. Mrs. K.S. Joshi, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : NOVEMBER 9, 2009 Heard. By the present application, one of the accused in Crime No. 174/2009 of Warora Police Station, District Chandrapur, has prayed for a direction that in the event of his arrest in connection with said crime he should be released on bail. The said crime was registered on 16.10.2009 for commission of offences under Sections 306, 498-A read with Section 34 of IPC upon the complaint/information given by father of deceased Kavita who had married with brother of the present applicant in 2005. In short the case of the prosecution against the present applicant is to the effect that at his behest his brother and his mother were harassing deceased Kavita for the purpose of bringing Rs.50,000/- from her father and the same has ultimately led deceased committing suicide by consuming poison on 2 15.10.2009. The learned counsel for the applicant has prayed for the direction as sought on the count of FIR failing to disclose commission of any offence by applicant, himself being the resident of Bhadrawati i.e. the place away 50 kms. from the village at which the deceased, her husband and mother of the applicant were residing and the incident had taken place. It is also his submission that applicant is working for a gain in W.C.L. at Bhadrawati. The learned counsel has further contended that applicant was never absconding as contended by the prosecution and is having permanent place of residence and roots in society and hence it is unlikely that he will flee away. He further urged that on the contrary denial of direction as prayed will unnecessarily caused him hardship apart from tarnishing image and may result in losing service. The application is opposed by the learned APP on the count of allegations of serious nature being levelled against the applicant and applicant being not made available to the investigating agency for purposes of investigation. After giving anxious consideration to the submissions advanced by both the parties and taking into account the nature of the accusations levelled against the applicant and the same do not transcending beyond the harassment to the deceased being made at his behest but not by himself and the case diary presently not revealing any further material being collected in support of the said contentions, the applicant being not a resident of a place at which the 3 offences had taken place, himself having roots in the society and grant of a direction as prayed is unlikely to hamper the progress of investigation inasmuch as the papers produced not revealing any material that in spite of being summoned by the investigating officer he has failed to remain present and/or his presence was sought by the prosecution during the proceeding before the Court of Session, leads to the conclusion of himself having made out a case for direction as prayed for. However, having regard to the fact of investigation being not complete and the FIR is containing the allegations of serious nature against the applicant, it will be necessary to impose certain conditions to strike balance in between the liberty of an accused and right of investigating agency to make full effective investigation in the matter. Hence the Investigating Officer of Crime No. 174/2009 of Warora Police Station is hereby directed that in the event of arrest of the applicant in connection with the said crime, up-till filing of the charge sheet for the said crime he shall be forthwith released on bail on furnishing a P.R. Bond in a sum of Rs.30,000/- with one surety in like amount and subject to the conditions that applicant (i) shall attend Warora Police Station in connection with the investigation of the said crime everyday in between 9 a.m. and 12 noon for 4 days from the date of this order and thereafter within the said timings whenever called by the Investigating Officer; (ii) shall not attempt to hamper with ongoing investigation in any manner or to tamper prosecution evidence and (iii) shall not leave the territorial limits of Bhadrawati 4 Police Station save except for attending Warora Police Station, as ordered without prior permission of this Court until further orders. Application stands disposed of. JUDGE halwai