{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4545 OF 2009 Sudhir s/o Somnath Chandane Age-23 years, Occ-Labour R/o Gaykarwadi, Tq-Karjat Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra Through police station officer Karjat Police Station, Ahmednagar RESPONDENT ....... Mr.N.V.Gaware, Advocate for applicant Mr.B.J.Sonawane, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 5th February 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.150/2009 registered with Karjat Police Station in respect of an incident dated 15.08.2009 where wife of applicant, Swati, sustained burn injuries and later on succumbed to the same on 19.08.2009. 2. It appears that initially an ADR was registered in {2} respect of the said incident, however subsequently the applicant came to be arrested on 19.08.2009. 3. Heard learned counsel for the applicant and learned APP. 4. Admittedly, the alleged incident occurred within a span of 1 year 3 months of the marriage of applicant with the victim. Though there are allegations in respect of demand of dowry at the hands of applicant and his mother, yet soon before the incident, as disclosed in the complaint, there are no allegations of any demand. It appears that immediately after the incident, the injured was shifted to hospital where the history of accident was recorded. The Postmortem notes indicate that there are severe injuries to the lower part of the body than to the upper part. Apart from it, during the course of investigation 3 different dying declaration of the victim came to be recorded, which play material role in this case. Particularly, in the dying declaration recorded by the Executive Magistrate there is reference as to how the incident has occurred. The victim herself has stated that the applicant has tried to extinguish the fire and admitted her in the hospital. It is alleged that the mother of the applicant has poured kerosene on the person of the victim and set her on fire. In view of the fact that there are no specific allegations against the applicant soon before the incident, case is made out to enlarge the applicant on bail, however, by imposing certain conditions. {3} 5. In the result, the application is allowed. The applicant be released on bail on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. The applicant is directed not to leave the local jurisdiction of Karjat police station, without prior permission in writing from the concerned IO, till commencement of the trial. [A.V.POTDAR, J.] drp/A10/criapln4545-09