{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3612 OF 2009 Arun Parasram Barde Age-26 years, Occ-Agri R/o Khande Pargaon, Tq & Dist-Beed APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Police Station Pimpalner, Tq & Dist-Beed RESPONDENT ....... Mr.S.S.Thombre, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent / State ....... [CORAM : A.V.POTDAR, J.] DATE: 10th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.56/2009 registered with Pimpalner Police station u/s 302 r/w 34 of the Indian Penal Code. 2. Heard learned counsel appearing for the applicant followed by the arguments of learned APP. Learned APP has made available the investigation papers for my perusal. {2} 3. The alleged incident took place on 22.03.2009. Two small kids, namely Ajay and Vijay aged about 4 and 6 years, are died by drowning in a well situated in the field of one Ganesh Raut in the village Khande Pargaon. Initially, when the bodies of the two children are found in the well an ADR came to be registered. Thereafter investigation was carried out and subsequently on 26.05.2009, i.e. after two months of the alleged incident, the FIR came to be registered against the present applicant and one Pooja on the allegations that the victim kids came to know about the illicit relations of Pooja with the applicant, which they have disclosed to their relatives and hence, the applicant, by joining hands with Pooja, throw the children in the well and killed them. 4. Considering the submissions and on perusal of the investigation papers it is clear this is not a case of direct evidence, however this is a case of circumstantial evidence. Learned counsel for the applicant has urged two points before me. Firstly, it is urged that though the incident has occurred on 22.03.2009 yet the compliant came to be lodged after two months and immediately thereafter the accused came to be arrested, however no cogent evidence is coming forth to indicate the motive, which link the applicant with the present offence so also there are no witnesses of last seen together. Secondly, the investigation is over and the charge sheet is filed in the competent court of law and hence presence of the applicant is not required for custodial interrogation. {3} 5. Considering the entire scenario and the Post Mortem notes, it is clear that the death of the kids is not a natural death, however at this juncture it cannot be ascertained as to whether their death is a homicidal or accidental one. Considering the set of facts which is brought on record, in my opinion, this is a fit case where the applicant deserves to be enlarged on bail by imposing certain conditions. 6. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 20,000/- and on executing PR bond in the like amount. The applicant is, however, prohibited from entering village Khande Pargaon. The applicant to attend the Pimpalner police station on every Tuesday and Friday between 2 to 4 p.m. till the commencement of the trial. 7. In case of violation of the above conditions, the bail granted today would automatically stood canceled. Application disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3612-09