1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1430 of 2010 Laxman Digambar Bitode ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Washim Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.L.Khapre, Advocate for the applicant. Mr. S.M.Bhagde, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 30 th September , 2010 . Heard. This application has been filed by the applicant for grant of bail in Crime No. 05/2010, registered at Police Station, Washim for the offences punishable under Section 307, 302 and 498-A read with Section 34 of Indian Penal Code. With the assistance of learned Advocate for the applicant and learned APP, I have perused the application and the material placed before the Court. Perusal of the statement of victim Smt. Shobha Namdeo Bitode, which was immediately recorded, makes a mention that on 08/1/2010, her husband and mother-in-law assaulted her with stick, her husband poured kerosene on her person and mother-in-law provided match box to the husband and the applicant Laxman asked her husband to set the victim on fire. It is also stated in the statement that the father-in-law of the victim Shobha was requesting the accused persons for not committing such act. Inspite of his resistance, the victim was ablazed. The statement of victim show the presence of the applicant 2 on the spot and instigation by him to the husband of the victim. Except instigation, no role is attributed to the applicant. Mr. Khapre, learned Advocate for the applicant invited my attention to the order dated 28/7/2010 by which the application (Exh.6) moved by the mother-in-law of the victim for grant of bail was allowed by the learned trial court. She was released on bail on certain conditions. Learned Advocate submitted that the case of the applicant is on better footing that the mother-in-law, who has actively participated in the crime by providing matchstick box to the husband of the applicant, has been released on bail. He further submits that the applicant is the sole bread earner of family and he has to look after the family including the minor children of the deceased victim Shobha. Learned Advocate informs that the investigation is complete and charge sheet is filed. He submits that no purpose would be served by keeping the applicant behind the bars. He, therefore, prayed for grant bail to the applicant. On consideration of the above facts, I am of the opinion that the applicant has made out a prima facie case for grant of bail. In the result, the application is allowed. The applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- with one solvent surety in like amount, on the following conditions. i] The applicant to cooperate with the investigating agency and attend the police station, Washim on every 1st and 3rd Monday between 9.00 am to 12.00 noon. ii] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. iii] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the 3 investigating agency. iv] The applicant shall not leave the area of police station, Washim without prior intimation to the I.O. In case the applicant is moving out of the area of police station, Washim, 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