1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1421 OF 2010 Popat Mohan Avhad, Age-30 years, Occu-Agriculturist, R/o.At Post : Pangarmal, Tq. and Dist. Ahmednagar PETITIONER VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterjee, learned counsel for petitioner. Mr.B.V.Wagh, learned APP for respondent state. (CORAM : A.V.POTDAR, J.) DATE : 30/04/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.177/2009, registered in MIDC Police Station, Ahmednagar for the alleged offence punishable u/s. 304-B, 498-A of IPC, in which he came to be arrested on 18/12/2009. Earlier his bail applications were rejected by this Court as well as the Court of Sessions. Now the applicant has approached this Court as the investigation is over and charge sheet was filed on 17/03/2010 in the Court of J.M.F.C. Ahmednagar, where the case was registered as RTC No.170/2010. It is informed across the bar that yesterday i.e. on 29/04/2010, committal order 2 was passed and the case is committed to the Court of Sessions at Ahmednagar for trial. In the said offence, other than the applicant, his parents and other relatives were also arrested, but earlier they were released on bail. 2. It is not under dispute that the victim/deceased Mangal is the wife of this applicant, who got married with the applicant in the year 2004, and there are two issues from the said wedlock. The allegations in the FIR as well as it discloses from the statements of witnesses recorded during the investigation that there is harassment to the victim at the hands of applicant and his parents/relatives for their illegal demand of Rs.25,000/- The victim has committed suicide by jumping in the well of applicant in the night between 16/12/2009 and 17/12/2009. His earlier bail application was refused by this Court on two grounds, that the investigation is yet to be over and in the earlier night, i.e. in the night of 16/12/2009, phone call was received by the father of victim, who is complainant in this case from the very Mangal that now the harassment is unbearable, as the applicant and his relatives are assaulting her. Without adverting whether there is any substance in these allegations or not, but these allegations prima-facie do not support from the external injuries noted at the time of post mortem conducted of the dead body of victim Mangal. Whether there is any substance in these allegations or not, that can be decided at the time of trial. It appears that, during the investigation, the statement of all the local residence witnesses as well as the relatives were recorded. 3 The allegations are supported by the relatives, but silent from the statement of witnesses, who are local residence. 3. In view of this and considering the fact that since his arrest on 18/12/2009, the applicant is in custody, The relatives of the victim, who are supporting the allegations about the illtreatment are R/o. Village Madhi, Tal. Pathardi, Dist. Ahmednagar, which is at the distance of 30 km, from the place where the applicant and his relatives are residing. In the circumstances, the application to be allowed on certain conditions. O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant not to enter in the village Madhi, Tal.Pathardi, Dist. Ahmednagar and not to contact the relatives of victim Mangal. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/APRIL 2010/cri.appl.1421-10