( 1 ) Cri.Appln.4769-2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4769 OF 2010 Vikas s/o Uttam Shinde, R/o Sonvihir, Tq. Shevgaon, District Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. Abhishek G. Kulkarni, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 13th December, 2010] PER COURT : 1. This is an application for bail. 2. Heard learned advocate for the applicant and learned A.P.P. 3. The applicant is arrested in connection with Crime No. I-143/2010 registered for the offences punishable under section 307, 441, 323 read with section 34 of the I.P. Code. 4. The FIR purports to show that on 23rd October, 2010, ( 2 ) Cri.Appln.4769-2010 the informant was travelling in his pick-up van in the relevant night. On the road, between Government Hospital and Shevgaon, a Indica car vehicle overtook the pick-up van and was parked in front of the pick-up van. It is alleged that from the Indica car vehicle, the applicant and three (3) others, including one Kadir and two (2) unknown persons, dropped from the vehicle. The applicant caught the informant by neck. The applicant allegedly asked the informant why he was not withdrawing the case filed against him - applicant. The informant then replied that he will not withdraw that case because due to the applicant's acts, his matrimonial life was spoiled. Allegedly, the applicant and his three (3) accomplices thereafter caught hold of the informant, pushed him down and the applicant forcibly administered the poison to the informant. It is further alleged that the informant resisted and whispered. With the result, his clothes were torn. By that time, some motorcycle riders were seen coming and, therefore, the applicant alongwith his three (3) accomplices boarded in the Indica car vehicle and turned it back towards Shevgaon and speeded away. The informant ran upto the private hospital called Nitya-Seva Hospital, and fell down. ( 3 ) Cri.Appln.4769-2010 5. Considering the investigation papers, it prima facie appears that there were illicit relations between the applicant and wife of the informant about which he was suspicious and therefore, there were quarrels between the spouses. She had filed criminal cases against informant in Shevgaon Court and Ahmednagar Court. Thereafter, his wife by name Sangita developed more intimacy with the applicant. For that reason, on 31st December, 2009, there was a quarrel between the informant on one side and his wife and the applicant on the other side. Needless to say, the applicant and the informant were at loggerheads due to the extramarital relations between the applicant and the wife of the informant. The FIR Itself shows that the informant was under the impression that his matrimonial life was spoiled by the applicant. 6. There is nothing on record to show that the applicant was having prior knowledge regarding the informant's plan to travel on the road at the relevant time. The fact that the informant ran upto the entrance of a private hospital and fell down just in the front of the hospital is not, prima facie, a sheer coincidence. It is indicative of probability that due to such inimical terms, the informant could have ( 4 ) Cri.Appln.4769-2010 hatched up a plan to frame the applicant in order to avenge upon him. There is no eye witness account about the alleged incident and holding the informant on the road by the applicant and his three (3) accomplices. The Medico-Legal Certificate prima facie shows that no external injury was found on the person of the informant. The FIR prima facie shows that the incident occurred somewhere around 11 p.m. and immediately, might have been over within few minutes. The injury certificate prima facie purports to show that there was smell of poisonous substance emanating from the mouth of the informant and clinical findings are basis to infer that he had either consumed poisonous substance, or was administered the same forcibly. If he was overpowered and forcibly administered poisonous drug/substance, in the course of frantic efforts to save himself, atleast some minor injuries could have occurred on person of the informant. The absence of any external injury on his person prima facie goes to show that the story of using force against him is uncorroborated. 7. Having regard to the peculiar nature of the circumstances and the allegations, the applicant is entitled to seek liberty on certain conditions. ( 5 ) Cri.Appln.4769-2010 8. In the result, the application is allowed. The applicant is directed to be released on bail, on furnishing bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on further condition that he shall attend the concerned Police Station on each Tuesday and Saturday between 8 p.m. and 10 p.m. and shall actively cooperate with the investigation and shall make no attempt to tamper with the prosecution evidence and shall not contact any of the prosecution witnesses. 9. The observations made in this order be not considered while deciding any other proceedings on merit. [V.R. KINGAONKAR] JUDGE NPJ/criapln4769-2010