1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1138 OF 2010 Rajendra Bapurao Sapkal ...Applicant VERSUS The State of Maharashtra and another ...Respondents ..... Shri M.S.Choudhari, advocate for the applicant Shri P.P.More, A.P.P. for the respondents. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 5th April, 2010 PER COURT : 1 Heard Shri M.S.Choudhari, advocate for the applicant and Shri P.P.More, A.P.P. for the respondents. 2 This is an application preferred by the applicant seeking regular bail in connection CR No. 46 of 2010, registered with Pathardi police station, District Ahmednagar for the offences punishable under Sections 498A, 304B, 323, 504, 506 r/w 34 of the Indian Penal Code, since the applicant has been arrested 2 thereunder on 11.2.2010 and the applicant is under judicial custody presently. 3 It appears that the offence has been registered on the complaint lodged by one Vinod Gangadhar Gawali on 11.2.2010 i.e. brother of victim namely Dipali alleging that the applicant herein aided, abetted and instigated Kiran Gangadhar Sase i.e. husband of deceased Dipali in the commission of the offence of cruelty to which deceased Dipali was subjected for the unlawful demand of money to be brought by her from her parental house, which ultimately led to commission of suicide by her on 10.2.2010 and consequently victim Dipali expired on the same date i.e. 10.2.2010. The first information report reflects the particular allegations against the applicant that on 8.2.2010 after about 12.30 p.m. the complainant's sister Dipali rang him up and informed that at about 11.00 a.m. on the said date, the applicant went to her house and asked deceased why balance amount of dowry was not given and thereupon abused and threatened and instigated her husband Kiran Gangadhar Sase who assaulted her. 4 In the said context, learned A.P.P. pointed out that the neighbourer Gayabai also gave the statement during the course of investigation, which strengthens the said allegation. However, apparently learned counsel for the applicant pointed out from the 3 certificate, which is produced at Exh.'C' that he signed the attendance register on the said date i.e. 8.2.2010 and submitted that the applicant was in the office on the said date at the relevant time. It appears prima facie from the said certificate that the signature of the applicant is on the attendance register for the said date i.e. 8.2.2010. 5 Besides that, it appears that the main allegations in the complaint are against the husband of deceased namely, Kiran Gangadhar Sase and the complaint nowhere discloses that the applicant was any way related to said Kiran Gangadhar Sase i.e. husband of victim Dipali. Apart from that the investigation has been completed and charge sheet has been filed, and therefore, there is no propriety in keeping the applicant in custody further more. 6 In the result, present Criminal Application No. 1138 of 2010 succeeds and it is directed that the applicant be released on bail in connection with CR No. 46 of 2010, registered with Pathardi police station, District Ahmednagar on furnishing surety in the sum of Rs. 15,000/- and on executing P.R. bond in the like amount, on the condition that the applicant shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly. 4 7 The above observations are prima facie and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 8 The present Criminal Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/crap1138.10 5 6 7 8 a) The applicant shall furnish local surety from Ahmednagar in the sum of Rs. 15,000/- (Rs. Fifteen Thousand). b) The applicant shall not leave local limits of Ahmednagar without seeking prior permission of the District Judge-3 and Additional Sessions Judge, Ahmednagar. c) The applicant shall give attendance to the concerned police station once in the fortnight till completion of the trial. 9. The Criminal Application stands disposed of accordingly. 10 The parties to act upon the copy of this order duly authenticated by the Court Sirestedar. (SHRIHARI P. DAVARE), 9 JUDGE.