1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application BA No. 529/2011 Ramesh S/o. Chindhuji Wanawe V/s. State of Maharashtra through P.S.O. P.S. Pulgaon, Tah. Deoli, Dist. Wardha Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM : U.V. BAKRE, J. DATED : 30.09.2011. 1. Heard Mr. R. N. Khare, learned Advocate for the Applicant and Mr. N. R. Rode, learned A.P.P. for the respondent- State. 2. The applicant, who has been arrested on 11/05/2011 by Police Station Pulgaon, Dist. Wardha in Crime No. 93/2011 for offence punishable under Sections 498-A and 304-B of the Indian Penal Code, has filed this application for bail. 3. The allegation against the applicant is that the deceased Kalpana who was married to the applicant in the year 2009, was harassed and ill-treated for the purpose of demand of Rs. 25,000/- for purchase of motorcycle. On 10/05/2011, at about 9.30 a.m., the deceased committed suicide by setting herself on fire. 2 4. It is seen from the record that as per the statement of her neighbour namely Ramdas Pachare, the door of the room was closed from outside and the deceased was found burnt inside that room. There is reference in the FIR lodged by the father of the deceased and in the statements of witnesses that there was harassment and ill-treatment to the deceased. However, the requirement of Section 304-B of the Indian Penal Code is that soon before the death, deceased was subjected to cruelty or harassment of serious nature as described in Section 498-A of the Indian Penal Code. 5. In the present case, the investigation is already completed and charge-sheet has been filed. No purpose will be served by detaining the applicant in custody. It is the fear of the respondent that the applicant may tamper with the evidence and may pressurize witnesses. The applicant can be prevented from tampering with the prosecution witnesses by imposing an appropriate condition on him. The applicant is not a previous convict and is not likely to flee from Justice. I am inclined to grant bail to the applicant. 6. The application is therefore allowed. The applicant shall be released on bail in Crime No. 93/2011 registered by Police Station Pulgaon, Dist. Wardha, for offence punishable under 3 Sections 498-A and 304-B of the Indian Penal Code, on execution of personal recognition bond in the sum of Rs. 30,000/- with one solvent surety in the like amount under the condition that the applicant shall not tamper with the prosecution evidence and shall not contact the witnesses in any manner and pressurize them. Application stands disposed of accordingly. JUDGE Punde.