cra3208.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3208 OF 2011 Dipak s/o Annasaheb Varpe, Age-21 years, Occu:Agri., R/o-Kanoli, Tq-Sangamner, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Inspector, Police Station, Rahuri, Tq-Rahuri, Dist-Ahmednagar. ...RESPONDENT. ... Shri.R.D. Bhalerao Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 8TH AUGUST, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.I-109 of 2011 registered in Rahuri Police cra3208.11 2 Station, Dist-Ahmednagar, for the offences punishable under Sections 302, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by mother of the deceased. The deceased was given in marriage on 27th December, 2010 to one Rupesh Chaudhari. Allegations are made that Rupesh had suspicion about the character of the deceased. The deceased was living in the house of the parents at the relevant time and on 6th April, 2011, at about 2.00 to 2.30 p.m., Rupesh had visited the house of the parents of the deceased. Allegations are made that on 7th April, 2011, after 9.00 p.m., on mobile phone, Rupesh had called the deceased near Mango tree standing in the vicinity of the house of parents and there he assaulted the deceased on neck by using sharp and pointed weapon. The blows were given on the neck. The deceased could not speak and she succumbed to cra3208.11 3 the injuries on the same night. When the report was given, the members of the family of the parents of the deceased, had not taken the name of even husband of the deceased, as suspect. 3. The Police have recovered the weapon, clothes etc. from the husband of the deceased and the mobile record in respect of conversation with the deceased which was having with the husband, is also collected. It appears that the husband supplied information to the Police that present Applicant, who is friend of the husband, was in his company and they were on the same motorcycle. On the basis of this investigation done by the Police, supplementary statement and statements of some witnesses came to be recorded. Allegations are made that as the Applicant was in the company of husband of the deceased, he had assisted the husband in finishing the daughter of the complainant. cra3208.11 4 4. In view of the aforesaid nature of evidence collected against the Applicant, this Court holds that it is not desirable to keep the Applicant behind bars till the conclusion of the trial. So, the Criminal Application is allowed. The Applicant is to be released on bail in C.R. No.I-109 of 2011 registered in Rahuri Police Station, Dist-Ahmednagar, for the offences punishable under Sections 302, 34 etc. of the Indian Penal Code, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). He is not to tamper with the prosecution witnesses. [T.V. NALAWADE, J.] asb/AUG11