1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No. 465/2011 Vinod Mohan Gadkar ..Vs.. State of Maharashtra through P.S.O. P.S. Shirpur, Tah & Distt. Washim Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. N. Ghuge, Advocate for the Applicant Mr. M. A. Kadu, A.P.P. for the Non-Applicant Mr. P.S. Kshirsagar, Advocate to assist the prosecution. CORAM : U.V. BAKRE, J. DATED : 27.9.2011. 1. Heard learned counsel for the parties. 2. The applicant, who has been arrested on 19/12/2010, in Crime No. 102/2010, registered at the Police Station Shirpur for offence punishable under Sections 498-A, 304-B and 306 read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961, has filed the present application for bail. 3. The applicant is the husband of the deceased Lata and their marriage was solemnized in February 2010. The deceased was working as a Nurse. The case of the prosecution is that the applicant and his family members namely father, mother, uncle and 2 aunt used to ill-treat the deceased for demand of Rs. 5,00,000/-. On 16/12/2010, the deceased committed suicide. The further allegation in the F.I.R. is that even on 16/12/2010, the deceased had talked to her father i.e. the complainant on mobile stating that she was severely ill-treated on the ground that he should pay Rs. 5,00,000/- and that after sometime another call was received by the complainant from the present applicant stating that the deceased had become unconscious. However, a perusal of the post mortem examination report reveals that absolutely no external injury of any type was found on the person of the deceased. In the previous application for bail namely Criminal Application (BA) No. 255/2011, it was directed that the Investigating Officer should obtain the report of the Chemical Analyzer and on that basis final cause of death should be ascertained from the Medical Officer. Now the final cause of death has been ascertained after receipt of the C.A. Report and the Medical Officer has concluded that probably cause of death may be due to cardio respiratory arrest due to consumption of over dose of chloroquine tablets. In the circumstances above, the allegation of assault, on 16/12/2010, on the deceased is not possible. All the other co-accused are on bail. The charge-sheet has already been filed and trial is about to begin. In view of the above circumstances, no purpose will be served by keeping the applicant in custody. The applicant has no bad antecedents and he is not likely to flee from justice. 3 4. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 102/2010, registered at Police Station Shirpur for offence punishable under Sections 498-A, 304-B and 306 read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961, upon execution of personal recognition bond in the sum of Rs. 25,000/- with one solvent surety in the like amount under the following conditions that: (i) he shall not tamper with prosecution evidence and; (ii) he shall not contact the prosecution witnesses and pressurize them. Application stands disposed of in above terms. Hamdast granted. JUDGE Punde.