( 1 ) cra4659.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4659 OF 2010 1. Vaijenath Vadja Munde .. Applicants Age. 65 years, Occ. Agri., R/o. Govindwadi, Tal. Majalgaon, Dist. Beed. 2. Radhakishan Vaijenath Munde Age. 34 years, Occ. Agri. R/o. Govindwadi, Tal. Majalgaon, Dist. Beed. 3. Bharat Shamrao Choure, Age. 34 years, Occ. Agri., R/o. Govindwadi, Tal. Majalgaon, Dist. Beed. Versus The State of Maharashtra .. Respondent Mr. B.S. Kudale, Advocate for the applicants. Mr. N.H. Borade, A.P.P. for respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 08.12.2010 P.C. :- 1. The application is for bail. ( 2 ) cra4659.10 2. Heard learned Advocate and learned A.P.P. Perusal of investigation papers prima facie indicates that deceased Datta was strangulated and died on 15.08.2010. The death was reported to the police on same day. A case of accidental death was registered. The report was given by one Sahebrao Nagargoje. He reported that one Chintaman Munde informed him on cell phone that deceased Datta strangulated himself or hanged himself to death by hanging himself at Jambh tree in the agricultural field. The informant went to the agricultural field. He noticed that dead body of Datta was kept on the ground. He further noticed that Hanumant Munde and other persons were present. He enquired with Hanumant Munde, who is brother of deceased Datta, as to who had taken down the dead body from the hanging position. It is Hanumant and others told him that they had taken down dead body from the hanging position. It was a reported case of suicide. After about two months, the F.I.R. was lodged by Hanumant Munde, who is brother of deceased Datta Munde, that in the relevant morning he had seen deceased Datta, going towards the agricultural field. He further narrated that he had gone to a nearby agricultural field for swimming. He further narrated that while he was taking she-buffalo towards ( 3 ) cra4659.10 agricultural field, after completing swimming at about mid- day, he noticed that deceased Datta was near the applicants and they had held him. He narrated further that he started running towards them after raising hue and cry. They dropped Datta amidst the sugar-cane crop and left the place. He noticed that there were injuries of strangulation on the neck of deceased Datta and at the relevant time Balasaheb Jadhav and other came there. 3. It is important to notice that the first report given by Raosaheb Nagargoje shows presence of complainant Hanumant Munde at the spot. That report does not show that Hanumant Munde narrated Sahebrao Nagargoje about holding of deceased Datta by the applicants in the agricultural field. There is considerable delay in filing of the F.I.R. by Hanumant Munde. There is police statement of Balasaheb Jadhavar, which prima facie shows presence of the applicant at the relevant time in the proximity of the deceased. However, the statement of Balasaheb Jadhavar was recorded after about a couple of months of the incident. Under these circumstances, the involvement of the applicants is rather prima facie doubtful. ( 4 ) cra4659.10 4. In the result, the application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (Rupees Twenty Thousand Only), each and on condition that they shall not enter village Govindwadi till the Sessions Trial is completed. They shall not contact any of the prosecution witnesses and shall make no attempt to tamper with prosecution evidence. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cra4659.10