( 1 ) cria5096.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5096 OF 2011 Minaj w/o. Arif Shaikh .. Applicant Age. 35 years, Occ. Agri. & Household, R/o. Mali Babhulgaon, Tq. Pathardi, Dist. Ahmednagar. Versus The State of Maharashtra .. Respondent Smt. S.S. Jadhav h/f. Mr. S.S. Jadhav, Advocate for the applicant. Mr. B.V. Wagh, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 13.12.2011 P.C. :- 1. The applicant is wife of one Arif, since deceased. The F.I.R. is registered by the applicant herself on 14.08.2011. As per the F.I.R., when she was sleeping in the house, she heard shouts of her husband, who was sleeping outside the house in Padvi and on seeing, she found her husband in the pool of blood. She carried her husband along with other neighbours to the hospital. The prosecution has not been able to bring on ( 2 ) cria5096.11 record any material to show that this applicant had participated in the assault on said Arif. One Rashid, brother of Arif had rendered statement wherein he says that Arif had informed him about illicit relation of the applicant with one Chhagan Khatke and that Arif was apprehending danger to him at the hands of present applicant as well as said Khatke. Apart from this, there is no other material to place before this Court to show that there was some kind of enmity between the deceased on one hand and said Khatke and present applicant. Statement of Rashid in later paragraph, if read, goes to suggest that he was eye witness to the incident of blows being received by Arif at the hands of the applicant and said Khatke. However, there is no material to show that said witness was present at the time of occurrence. His statement is recorded on 15.08.2011. It is not his case that he was residing with Arif at the time of incident. If this be so, said portion where he attributes assault on Arif by present applicant and one Khatke cannot be ( 3 ) cria5096.11 accepted. At the most, it can be accepted as suspicion against present applicant. 2. Learned A.P.P. submitted that present applicant was staying in the house where Arif was sleeping and therefore she was best person to know about the events which had taken place. Insofar as this aspect is concerned, it is pertinent to note that present applicant has narrated that she was sleeping in the house and Arif was sleeping in the Padvi. The charge-sheet which is produced before the Court does not specifically include any statement of eye-witness who has seen the applicant and said Khatke assaulting Arif. There is no other material placed before the Court to show that present applicant was directly or even indirectly concerned with the occurrence of giving blows by said Khatke. 3. For all these reasons, I am inclined to observe that no prima facie case is made out for charge under ( 4 ) cria5096.11 section 302 of the I.P.C. Present applicant can be released on bail. Hence, following order is passed :- 4. The bail application is granted. The applicant be released on bail in connection with C.R. No. 328 of 2011, registered with Pathardi Police Station, Dist. Ahmednagar, in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in like amount. She shall execute P.R. bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). [R.Y. GANOO, J.] snk/2011/DEC11/cria5096.11