1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.656 OF 2010 Sudarshan Davidrao Agham, Age-27 years, Occu-Service, R/o.Ramnagar Sugar Factory, Jalna, Tq. and Dist. Jalna APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/02/2010 PER COURT : 1. By the present application, the applicant has approached this court for his release on anticipatory bail, in the event of his arrest in connection with CR No.17/2010 registered in Ghansawangi Police Station, for the offence punishable u/s. 306 of The IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. It appears that the said offence came to be registered in Ghansawangi Police Station, on the complaint of one Dwarka Rambhau Ghodke, as her daughter by name Kartiki committed suicide in the night between 2 10/01/2010 and 11/01/2010. After the dead body of Kartiki was found, it was intimated to the parents and initially the ADR was registered. It is alleged in the complaint that the applicant and deceased were studied together for M.S.W. course at Ramnagar and during that period, they came in close contact with each other. It is also alleged that after the demise of Kartiki, during the search of her purse, wedding card of the applicant was found, who had married with one Madhavi on 10/01/2010. The complaint nowhere speaks that after the wedding card was received by the deceased, she complained to her parents about her affair with applicant and disclosed that inspite of this affair, applicant is marrying with another girl and now there is no meaning to her life, hence she is committing suicide. If merely because deceased was a good friend of applicant and not able to bear it in mind that the applicant married with another girl, it can not be said that the applicant had instigated the deceased to commit suicide, 3. In the premise, prima facie case is made out to exercise the discretion u/s. 438 of The Cr.P.C. Hence order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicant, in connection with CR No. 17/2010, registered in Ghansawangi Police Station, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the PR bond in the like amount. 3. This protection is granted till filing of the charge sheet. After 3 filing of the charge sheet, the applicant may apply for regular bail, if so advised. 4. Observations made in this order are prima facie and Trial Court not to influence with these observations in case application for regular bail is filed by the applicant in future. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.656-10