cra3012.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3012 OF 2011 1) Achutrao s/o Barikrao Digrase, Age-29 years, Occu:Agri., 2) Barikrao s/o Narsinghrao Digrase, Age-55 years, Occu:Agri., 3) Housabai w/o Barikrao Digrase, Age-50 years, Occu:H.H. All R/o-Lodha, Tq-Ausa, Dist-Latur. ...APPLICANTS. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.N.D. Kendre Advocate for Applicants. Shri.B.J. Sonawane, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 26TH JULY, 2011 cra3012.11 2 PER COURT : 1. This Application is filed for bail in C.R. No.55 of 2011 registered in Ausa Police Station, Dist-Latur, for the offences punishable under Sections 307, 302, 498-A, read with 34 of the Indian Penal Code. The papers of investigation are made available. Both the sides are heard. 2. The crime is registered on the basis of report given by the deceased. She has contended that her marriage was solemnized with Applicant No.1 six years prior to the incident. She has contended that her husband had suspicion about her character and he used to pick up quarrels due to suspicion. She has made allegations against in- laws that they were also harassing her. She has contended that on 24th May, 2011 in the evening, when she wanted to prepare tea by using kerosene stove, husband poured kerosene on her person and set fire to her. cra3012.11 3 3. The papers of investigation show that the deceased was admitted in the hospital by the husband and parents of the husband. The first two dying declarations recorded on 25th May, 2011, are not consistent with the dying declaration which was recorded on 26th May, 2011. The spot panchnama shows that there was kerosene stove and there were partly burnt pieces of the clothes of the deceased. There are statements of relatives of the deceased to the effect that there was harassment to the deceased and husband was taking suspicion about the character. 4. In view of the aforesaid record and as the witnesses are from different village, this Court holds that bail can be granted to all the Applicants. So, the Criminal Application is allowed. The Applicants are to be released on bail in C.R. No.55 of 2011 registered in Ausa Police Station, Dist-Latur, for the offences cra3012.11 4 punishable under Sections 307, 302, 498-A, read with 34 of the Indian Penal Code, on their furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand) each. They are not to tamper with the prosecution witnesses. They are not to enter the village of the parents of the deceased, namely, Kawatha. [T.V. NALAWADE, J.] asb/JULY11