1 Cri.A.2269.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2269 OF 2011 Rajendra S/o Yogriraj Bhagat Age : 42 Years, Occup.: Lecturer, R/o Amit Nagar, Nandanwan Colony, Aurangabad. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri. N.S.Ghanekar,Advocate for Applicant. Shri. G.R.Ingole, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 1ST JULY, 2011. PER COURT : 1. This application is filed for bail, in Crime 27 of 2011, registered with Chawani Police Station, Aurangabad, District Aurangabad, for the offence Punishable under sections 302, 323, 506 read with section 34 of the Indian Penal Code. Papers of investigation are made available by APP. Both sides are heard. 2. Crime came to be registered on the basis of dying declaration of 2 Cri.A.2269.11 deceased Yashodhara W/o Raju Magare, who was wife of brother of his wife . She has made allegation that on 28.01.2011, when she was present in the house, present applicant poured kerosene and set her on fire. She has made allegation that present applicant, his wife, father-in-law and mother- in-law were present there. She contended that incident took place on 28.01.2011 and she had given report against these persons to Police. She succumbed to injuries. APP submitted that there are statements of her husband, maternal uncle, brother, mother and one social worker in support of her dying declaration. Executive Magistrate has also recorded her dying declaration. She sustained 40% burn injuries. 3. Advocate for the applicant submitted that real dispute was different and the applicants are falsely implicated in the case He submitted that in the first disclosure recorded by police specific allegation against the present applicant was that he poured the kerosene and set her on fire. In Dying declaration recorded by Executive Magistrate, she has made allegations against the applicant, wife of applicant and her in-laws. He submitted that when injured was taken to Hospital, MLC was sent and it was informed to Police that deceased had disclosed that she had set on fire herself. These documents show that her husband was present there, when she was admitted in the Hospital. Advocate submitted that deceased and her 3 Cri.A.2269.11 husband were living separate. It is submitted that there was dispute between father-in-law of the deceased and deceased. Father in law was asking her family to leave the room which was in their occupation as they were not taking care of father in law and mother in law. He has produced copy of the complaint given by wife of present applicant, in which she had made allegation that in the month of January, 2011 the deceased started giving threat that she would falsely implicate the present applicant and his wife in the case, and she would make any allegation which will affect the job of applicant. Advocate for the applicant submitted that on 27.01.2011 the applicant was busy as he had taken boys of NCC for camp and he had returned at 7.00 p.m. The defence of alibi cannot be accepted in such proceeding, but the aforesaid circumstances show that information was given to police through MLC that she had set on fire to herself. There is also record of dispute in respect of house. To other accused this court has granted anticipatory bail, so also to mother in law against whom there were similar allegations given in dying declarations to Magistrate. It was submitted that witnesses are such that they cannot be influenced by the present applicant. In view of these circumstances, this Court holds that it is fit case in which bail can be granted to the applicant. (i) The applicant, in Crime 27 of 2011, registered with Chawani Police Station, Aurangabad, District 4 Cri.A.2269.11 Aurangabad, for the offence Punishable under sections 302, 323, 506 read with section 34 of the Indian Penal Code, be released on bail on his furnishing PR and SB of Rs. 15,000/-(Rupees Fifteen Thousand) on condition that the applicant shall not tamper with the prosecution witnesses . Sd/- [ T.V.NALAWADE, J.] MTK