{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3616 OF 2009 Gokul Shamlal Surbhayye APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mrs.Ghanekar h/f Mr.N.S.Ghanekar, Advocate for the applicant Mr.N.B.Patil, APP for respondent / State ....... [CORAM : A.V.POTDAR, J.] DATE : 4 th November 2009 PER COURT: 1. By the present application, the applicant, who is accused in an offence registered with Osmanpura Police Station u/s 498-A, 307, 323, 504, 506 and 34 of the IPC, prayed to release him on bail. 2. Heard learned counsel appearing for the applicant followed by arguments of learned APP appearing for the state. Learned APP made available the investigation papers for my perusal. {2} 3. It appears that the marriage of the applicant and the victim took place on 17.04.2008 and the alleged incident took place on 15.01.2009. As per the complaint the victim was forced by her husband and in laws to drink acid used for cleaning toilet. Thereafter she was admitted, initially, in a private hospital where she was treated for some time and later on shifted to Ghati hospital, however there was no progress in her health and she was thereafter shifted to Mumbai. Subsequently, she was brought to Aurangabad and on 18.07.2009 she lodged a compliant. It is urged that when the victim was admitted for the first time, the MLC record shows that she had accidentally consumed the acid used for toilet cleaning in which there was no fault on the part of the applicant and his parents. It is also urged that the alleged incident took place on 15.01.2009, however the compliant is lodged on 18.07.2009. The accused came to be arrested on 22.08.2009. According to the applicant, there is no explanation in respect of the delay and hence the applicant be released on bail. 4. Learned APP opposed the application mainly on three grounds, firstly that the alleged incident occurred within 8 months of the marriage, secondly if the applicant is released on bail there is possibility of tempering of evidence and lastly the investigation is yet to be completed and charge sheet is not yet filed. 5. The principal offence registered against the applicant and others is for an offence of attempt to murder i.e. section 307 of {3} the Indian Penal Code. The papers of investigation, particularity MLC papers indicate that the the victim has stated that she was made to drink the acid used for cleaning the toilet, it means that the victim did not consume the acid accidentally, however she was forced to consume the same, which resulted into serious injuries. Considering these aspects and taking into consideration the fact that the investigation is still in progress, the possibility of tampering of evidence at the hands of accused cannot be ruled out. In the result, no case is made out by the applicant to grant bail, at least at this stage. Accordingly, the application stands rejected. [A.V.POTDAR, J.] drp/criapln3616-09