( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3354 OF 2010 1. Vishnu Pandharinath Dhaytadak .. Applicants Age. 27 years, Occ. Agriculture, 2. Pandharinath Gajaba Dhaytadak Age. 55 years, Occ. Agriculture, 3. Pushpa Pandharinath Dhaytadak Age. 50 years, Occ. Household, 4. Hari Pandharinath Dhaytadak Age. 20 years, Occ. Education, All R/o. Dhaytadakwadi, Tal. Pathardi, Dist. Ahmednagar. Versus The State of Maharashtra .. Respondent Mr. Joydeep Chatterji, Advocate for the applicants. Mr. N.H. Borade, A.P.P. for the respondent. CORAM : V.R. KINGAONKAR, J. DATED : 27.08.2010 P.C. :- 1. By this application, the applicants seek bail under section 439 of Cr.P.C. ( 2 ) 2. The applicants are husband and his relatives in relation to informant – Smt. Seema. According to the prosecution, Smt. Seema was subjected to matrimonial cruelty on account of misunderstanding created in the mind of her husband by his relatives. Applicant No.1-husband had left his job at Pune and was residing with the wife since about couple of months. She was being illtreated and beaten up by him and his relatives. Allegedly, on 27th June, 2010, at about 11.00 a.m. the applicants threatened her and forcibly tried to administer certain tablets in order to cause her abortion on the ground that the child in the womb could be of female. She was not ready to consume said tablets. All of them caught hold of her and took her towards a public well. They dropped her in the well which was filled with water up to the level of ground. Applicant Nos. 1 & 2 thereafter entered the well and attempted to push her inside the water with a view to make her drawn in the well. However, while they were doing so, witnesses Ashok and her maternal uncles, by name, Bhagwan and Popat came there. They took her out of the well water and thereafter she was rushed to the Civil Hospital. ( 3 ) 3. Heard learned Counsel for the applicants and learned A.P.P. The investigation is completed and charge- sheet is filed against the applicant for offences punishable under sections 307, 498-A, 323, 504 & 506 read with 34 of the I.P.C. 4. It is admitted fact that the applicants reside in the same village in which the paternal home of the complainant Smt. Seema is situated. At present she is residing with her parents in the same village. The applicants are residing in a house situated at short distance from the public well. The first part of the alleged incident pertains to attempt of the applicants to forcibly administering tablets to complainant – Smt. Seema for causing her abortion. In other words, they and complainant Smt. Seema were all in the same house when the first part of the alleged incident had taken place. Had they intention to cause her death, there was opportunity available to do so in the house itself. The recitals of the F.I.R. purports to show that the water level was approximately up to the ground level and the well was full of water. The spot panchanama was drawn after couple of days. At the relevant time, police ( 4 ) and panchas noticed that the public well is of 60 ft. depth and there was water up to the level of 45 ft. There was no water up to 15 ft. below ground level. It is probably, no doubt, that the water was taken out of the well by using electric pump. However, there is no prima facie evidence collected in this behalf. The spot panchanama shows that house of the applicants is situated at a distance of 70 ft. from the well whereas there is a temple called “Khandoba Mandir” at a distance of 40 ft. The witnesses named in the F.I.R. are relatives of the maternal relatives of the complainant – Smt. Seema. No visible injury was found on her person, when she was examined by Medical Officer of Sub- District Hospital, Pathardi. 5. The applicants are ready and willing to reside away from the village locality, if they are granted liberty. Considering the circumstances, particularly the fact that no visible injury was found on the person of complainant – Smt. Seema and that the water level was different from the statement made in the F.I.R., when the spot was visited by the police panchas, I am of the opinion that the applicants deserve liberty under certain conditions. ( 5 ) 6. In the result, the application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds with one solvent surety each in sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) and on condition that they will submit undertaking, simultaneously while furnishing the bail bonds, that they will not enter the limits of village Dhaytadakwadi, during pendency of the Sessions Case and will not contact any of the prosecution witness and will make no attempt to tamper with the prosecution evidence. In case, they would commit breach of such undertaking, the bail so granted may be revoked. The application is accordingly disposed of. [V.R. KINGAONKAR,J.] snk/2010/AUG10/cra3354.10