1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2494 OF 2010 Balu S/o.Gokul Patil, Age-28 years, Occu-Auto Rickshaw Driver, R/o.Rukhmini Nagar-23, Gat No.140, Jalgaon, Dist. Jalgaon APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.S.S.Jadhav, learned counsel for applicant. Mr.K.S.Patil, learned APP for State CORAM : A.V.POTDAR, J. DATE : 23/07/2010 PER COURT : 1. By the present application, the applicant has prayed this Court for his release on bail in connection with CR No.19/2010, registered in Yawal Police Station, in which the present applicant came to be arrested on 25/02/2010. The offence was later on registered against the present applicant and one Dangal Patil. It appears that after completion of investigation, charge sheet was filed in the month of April 2010. The application of the applicant was rejected by the Lower Court, hence he is before this Court. 2. Heard learned counsel for applicant, learned APP for State. 2 Perused the papers of investigation till carried out. 3. Before considering the submissions, this Court require to take a note of one fact that when the application was filed, the post mortem notes of Vikas Bari were placed on record. On perusal of the post mortem notes, particularly coloumn no.21 it speaks about the contents of the intestine which discloses smell of poisonous substance. While giving the probable cause of death, opinion was reserved by the Medical Officer as the viscera, slices of spleen, kidney and heart were sent for opinion. Today, the report is received about the viscera sent for chemical analysis. Perusal of the report shows presence of insecticide by name Endo-Sulfa. From the C.A. report, one fact is clear that the death of Vikas is un-natural. Whether it is homicidal or suicidal, it can be considered at the time of trial and not at this stage. It appears that initially the offence was registered on the statement of one Jitendra Devidas Salunkhe. He is running one Pan stall at Dambhurni outside one factory. On 24/02/2010, around 2.30 p.m., he noticed that one person is lying near his stall in the injured condition. He offered tea and water to him and inquired about his injuries. At that time, the injured informed him that he had sustained injuries as he had met with an accident. Because of this statement, and as after the injured consumed tea and water, he feel uneasy and greediness, Jitendra informed the Police Patil. Meantime, the said Jitendra able to collect the address of the injured as R/o.Khanderai Nagar but unable to collect the name of the injured. At that time, some froth was noticed by the said Jitendra, 3 oozing from the mouth of the injured and then injured collapsed on the spot. The incident was reported to the Police Patil, who in turn reported the incident to the concerned Police Station. The dead body of deceased was sent for post mortem, after the crime was registered in Yawal Police Station on the basis of report lodged by the Police Patil bearing CR No.19/2010 against the unknown persons. It appears that as the address of the injured was disclosed, some persons were deputed to find out whether any person from Khanderai Nagar is missing. On inquiry, on the next day, sister of the deceased identified the dead body of deceased Vikas from the description of the clothes on the dead body. During inquiry, statement of one Sanjay Bari was recorded on 26/02/2010. 4. The sum and substance of the statement of the sister of deceased is that the said Vikas was indulged in love affair with one Sunanda, the dauther of Dangal Patil. As the relation of deceased with Sunanda were not accepted by her family members, family members of Sunanda tried to settle the issue at local level. On that count, on earlier occasion, Dangal Patil, the father of Sunanda and the present applicant have assaulted deceased Vikas. Family members of said Vikas also tried their level best by requesting Vikas to give up his relationship with Sunanda. Within meantime, said Sunanda got married. Her matrimonial house is at Khardi. Within meantime, the deceased also get job at Nashik. It appears that during the Diwali festival, the said Sunanda returned back to the house of her parents and at that time, again Vikas developed 4 relationship with Sunanda, for which there was oppose by the father of Sunanda and it is but natural, if somebody still tried to make relationship with married daughter, then the parents of that married daughter will never tolerate such affair. It appears that when the family members of Vikas tried to convince him, he threatened his family members that he used to keep the bottle of poison permanently with him and if somebody will try to persuade him, then he will consume the poison and will finish his life. It appears from the statement of sister of Vikas that after the father of Sunanda and the present applicant learnt that on the day prior to the incident, Vikas had been to the matrimonial home of Sunanda, they lost their patience, they hired the auto of Sanjay Bari. Statement of said Auto rickshaw driver was recorded on 26/02/2010, which revealed that they brought Vikas in Auto from the matrimonial place of Sunanda, but somehow Vikas escaped himself and tried to run away, and at that time, Vikas threatened them that if they will further beat him, he will consume poison and will finish his life. It appears that at that time, this applicant and Dangal Patil threatened Vikas that they will do that job of giving poison to him and in that manner, Vikas consumed poison in the afternoon of 24/02/2010. 5. In this scenario, it is contended across the bar on behalf of the applicant that it is not the applicant, who had carried the bottle of poison with him and forcefully administered it to Vikas, which resulted in his death, but it is the Vikas, who used to keep the bottle of poison permanently with him. In the premise, it can not be said 5 that there was intention at the hands of applicant and father of Sunita, to finish the life of Vikas. It is also tried to bring before this Court that the external injuries found on the person of Vikas do not match with the statement of the the Auto Driver Sanjay, as there was only one injury found on the person of deceased, which is mentioned in Coloumn no.17 of the post mortem notes. It is also contended that considering the quantity of Endo-Sulfa recovered from the body of the deceased, it is hard to believe that in such condition, the deceased travelled 2 kms and reached the pan stall of Jitendra. 6. Considering this scenario, it appears that the case is based on circumstances, and that is also in the background that the deceased had developed illicit relations with the daughter of Dangal Patil, and there is grudge in the mind of applicant and said Dangal Patil on that count, then there is no likelihood that if the applicant is released on bail, he may take disadvantage of it to tamper with the evidence of prosecution. As now the investigation is over, and the case is based on circumstances, it is the order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on his furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2494-10