1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1852 of 2010 Jagdish Narsing Pawar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Digras, Dist. Yavatmal. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.C.Dharmadhikari, Advocate for the applicant. Mr. S.M.Bhagde, A.P.P. for respondent/State. CORAM : Prasanna B. Varale, J. DATED : 13 th Decem ber , 2010 . Heard. By the present application, the applicant is seeking anticipatory bail in connection with Crime No. 143/2010 registered with Police Station, Digras, Dist. Yavatmal for the offences punishable under Sections 498-A, 306, 34 of I.P.C., as he is apprehending arrest. Mr. A.C.Dharmadhikar, learned Advocate for the applicant by inviting my attention to the First Information Report, submitted that bare perusal of the report would show that the nature of allegations levelled against the applicant is a vague statement that the applicant along with other relatives was ill-treating the victim Vaishali and apart from this vague statement, there is no material connect the applicant with the crime. Learned Advocate further submitted that the applicant is a paternal father-in-law of the victim Vaishali and he is not residing in the house of the husband of the victim. The applicant is an agriculturist and cultivating his own agricultural field so also he is having his separate residence. According to the tearned Advocate for the applicant an attempt was made to settle the dispute in ‘Tanta Mukti Abhiyan’. For some period everything gone well, but 2 subsequently again the grievances were made by the victim. Learned Advocate submitted that the applicant is ready to cooperate with the investigating agency and he will abide with any conditions put by this Court. He, therefore, prayed for grant of protection to the applicant. Mr. Bhagde, learned APP for respondent State has filed the reply and strongly opposed the applicant on the ground that the offences are serious in nature. Perused the material produced before the Court. It reveals that the statements of the witnesses recorded by the investigating agency are stereo type. These statements also discloses the vague allegation of ill-treatment against all the in-laws of the victim on the ground demand of dowry. There is no specific material or instance of ill-treatment. It is not in dispute that the applicant is residing separately. In view of the material placed on record and in view of the fact that the applicant is residing separately, I am of the opinion that prima facie case is made out. The apprehension is expressed by learned APP for the State that the applicant may not be available for investigation and he may tamper with the prosecution evidence, can be taken care of by putting the applicant on conditions. In the result, the application is allowed. In the event of arrest in connection with Crime No. 143/2010 registered with Police Station, Digras, Dist. Yavatmal for the offences punishable under Sections 498-A, 306, 34 of I.P.C., the applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions : a] The applicant to cooperate with the investigating agency 3 and attend the police station, Digras, Dist. Yavatmal on every 2nd and 4th Saturday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet or for a period of three months from today whichever is earlier and thereafter as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Digras, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale