1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2731 OF 2010 Santosh @ Balu Yogiraj Rathod, Age-32 years, Occu-Household, R/o.Yedshi, Tq.Kalamnuri, Dist. Hingoli APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.R.N.Dhorde hf. Mr.S.B.Jadhav, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 04/08/2010 PER COURT : 1. By the present application, the applicant has prayed this Court for his release on bail in connection with CR No.44/2010, registered in Akhada-Balapur Police Station of Dist. Hingoli, in which he came to be arrested on 15/06/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. From the papers of investigation, it can not be disputed that death of deceased Yogiraj Rathod is a homicidal death. The incident 2 occurred in the intervening night in between 18/05/2010 and 19/05/2010. The applicant is the real son of deceased. It appears that the said offence came to be registered on the complaint of daughter of deceased Ranjita Santosh Jadhav, who is residing at Washim alongwith her husband, as her husband is serving at Washim. It transpired from the FIR itself that there was dispute between the deceased/father of applicant and mother of applicant. Because of that dispute, long back the family properties were partitioned and the present applicant and his mother were residing separately from the deceased. As per the narration in the complaint, the alleged incident took place at the residential place of deceased Yogiraj which is situated in the crowdy area of the town. 4. Papers of investigation discloses that the case is based upon circumstances. If the case is based upon circumstances, then certain circumstances must be before the Court, which can attribute that the applicant is the only person, who can be linked with the death of deceased. Papers of investigation other than the statement of accomplice, discloses that there is no incriminating evidence collected during the investigation against the present applicant. Nothing incriminating was recovered at the hands of this applicant, even though the applicant is behind bars for more than 52 days. It is tried to urge across the bar on behalf of the prosecution that due to previous enmity between the deceased and present applicant, the deceased had asked for police protection. To that extent, statement of 2 police constables were recorded during the investigation. It is to 3 be noted that even though the police protection was asked by the deceased, no untoward incident took place within the span of 6 years. It itself shows that there was no overact on record at the hands of this applicant. So far as investigation related in respect of present applicant is concerned, further detention of the applicant is un-warranted. In view of this, following is the order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to contact the prosecution witnesses, and to give attendance in Akhada Balapur Police Station twice a month, on 15th and 20th day of each month in between 12.00 noon to 2.00 p.m. till filing of the charge sheet. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2731-10