1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.575 OF 2010. Sau. Durga Dilip Choudhary VS State of Mah., through P.S.O., P.S., Kondali, Tah. Katol, Dist.Nagpur. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.P.Gadling, Advocate for the applicant. Mr. S.S.Doifode, A.P.P. for the Respondent-State. CORAM : A.H.JOSHI, J. DATE : 12th APRIL, 2010. 1. This is an application for anticipatory bail. The applicant is apprehending arrest. 2. It is alleged that :- (a) The applicant assaulted deceased Smt. Sunita Prakash Choudary on the allegation that she had kidnapped the son of the accused applicant. (b) There were illicit relation between the deceased and applicant's son. (c) The applicant threatened to further assault and kill the deceased, if she does not secure the return of the son of the applicant. 3. There are three dying declarations. In all the three dying declarations, the victim is involving the applicant in same and similar version of the 2 allegations indicated in the foregoing para. 4. Two witnesses namely, husband of deceased Sunita and one more witness, are cited. These witnesses reiterate the version as given in dying declaration. 5. Apart from the act of assault, allegation of illicit relation and kidnapping, no other evidence is collected by the investigating agency, which would lead to suggest any fact due to which the applicant can be said to be involved in the act of instigating and thereby abating the suicidal death of Sunita. 6. At this stage, should entire material which is collected by the prosecution be accepted to be true, yet the act of abatement by way of instigation, prima facie, is not adequately made out. In the result, some other offence may be framed against the applicant accused, except the offence under Section 306 of Indian Penal Code. At this stage, it can be felt that the applicant accused may not be involved in the abatement. 7. In this background, the applicant has made out the case for grant of anticipatory bail. 8. In the result, the applicant is entitled for protection as sought for. 9. The applicant be released, in the event of arrest, on her furnishing Personal Bond and Solvent Surety in the sum of Rs.10,000/-. 3 10. The applicant shall attend the Police Station, Kondali between 10.00 a.m. to 12.00 noon from 19-4-2010 to 21-4-2010 and thereafter as and when called. 11. The applicant shall not threaten or otherwise pressurise the prosecution witnesses. Judge //Diwale//