1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.653/2011 ( Bhaskar s/o Yadavji Tidke ..Vs.. State of Maharashtra, through P.S.O., P.S. Channi, Tq. Patur, Distt. Akola ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Ms Neeta Jog, Adv. for applicant. Mr. V.A. Thakre, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 1.12.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the applicant/accused against whom the offence bearing Crime No.32/2011 is registered with the police station Channi, Taluka Patur, District Akola for the offence punishable under sections 302, 449 read with 34 of the Indian Penal Code. 2. The incident occurred on 8/6/2011 at about 4 to 5 p.m. Deceased Jyoti is neighbour of the applicant. The applicant resides with his wife and three children. There was quarrel between the two families over a petty issue. As per the prosecution case Vandana, Shobha, Sarla and Annapurna poured 2 kerosene oil on the person of the deceased and set her ablaze. The role attributed to the present applicant is that he had verbally instigated others to commit the offence. The deceased was admitted to the hospital and while undergoing treatment, died on next day. 3. The perusal of the dying declaration and the statements of the witnesses reveal that there are two sets of stories. In the dying declaration it is stated that all the five accused persons had beaten the deceased and after pouring kerosene oil on her person she was set on fire. According to the eye witness account Vandana, Shobha, Sarla and Annapurna had quarreled with the deceased and one of them poured kerosene oil on the person of Jyoti and other set her on fire. The role attributed to two of them is that they had caught hold the deceased. The role attributed to the present applicant is that he had verbally instigated to commit the offence. Considering the state of evidence and the role attributed to the accused/applicant being that of verbal instigation in the commission of offence, his involvement in the commission of alleged offence is questionable. I am, therefore, of the view that the accused/applicant will have to be released on bail. 3 4. The applicant is directed to be released on bail on his executing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties in the like amount with condition that he shall not tamper with prosecution witnesses. JUDGE Tambaskar.