jpc ba953-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICTION NO. 953 OF 2011 Harilal Sarju Prasad Jaiswal ... Applicant Versus The State of Maharashtra ... Respondent Mr. Amin Solkar, for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 11th August, 2011. P.C. : 1. Heard Mr. Solkar, the learned advocate for the applicant and Mr. Saste, the learned APP for the State. 2. One Radha- wife of co-accused Akhilesh Jaiswal- died an unnatural death on 22nd September, 2011. Shri Pancham Jaiswal, father of the said Radha, lodged a report with the police, alleging that Radha must have been murdered by her husband Akhilesh. After two days, a supplementary statement of the first informant was recorded, in which, he expressed suspicion that the present applicant, who is uncle of Akhilesh, had aided and abetted Akhilesh to commit murder of Radha. 3. Admittedly, the allegation against the applicant and even against the co-accused is only an inference drawn by the first informant. The material to support the allegation against the applicant is only in jpc ba953-11.sxw 2 the form of a statement of a child of about three and half years. This child appears to be an eye witness to the incident. As per the version of this child, the applicant was also present when the co-accused Akhilesh allegedly murdered Radha. 4. I have gone through the statement of the said child, recorded in question and answer form. Without commenting on the value to be attached to the said statement, keeping in mind the manner, in which it has been recorded, what needs to be observed is that the applicant admittedly was not staying with Akhilesh and Radha. That he had visited the house of Akhilesh at the material time is not borne out from any material collected during the investigation, except the statement of the said child. 5. Even otherwise, the applicant is merely alleged to be present at the time when the co-accused Akhilesh allegedly murdered the said Radha. The applicant is in custody since 25th September, 2010. Under the circumstances, I am inclined to release him on bail. 6. The Application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs.25,000/- (Rupees twenty five thousand ) with one surety in like amount. (A.M. THIPSAY, J.)