1 crap3736.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3736 OF 2011 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri D.G.Nagode, advocate for the applicant Shri B.V.Wagh, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6 th September, 2011. PER COURT :- 1 Perused the investigation papers which were made available for perusal purpose and heard respective learned counsel for the parties finally. 2 This is an application preferred by the applicant seeking anticipatory bail apprehending her arrest under C.R. No. I-78 of 2011, registered at 2 crap3736.11 Sonai police station, Taluka Newasa, District Ahmednagar, for the offences punishable under Sections 307, 498-A, 323 r/w 34 of the Indian Penal Code. 3 It appears that the offence has been registered on the basis of the complaint lodged by victim namely Sonali Tagad on 30.6.2011 in respect of the occurrence of the alleged incident on 20.6.2011. However, it is submitted by learned counsel for the applicant that the said incident actually occurred on 24.6.2011 and not on 20.6.2011. Thus, apparently, there is delay in lodging the first information report i.e. from 24 th to 30 th June, 2011. 4 Apart from that, the role attributed to the applicant herein is to the extent that she only caught hold the hands of victim Sonali and facilitated the husband to pour poisonous substance into the mouth of victim Sonali during the occurrence of the incident and not beyond that. 3 crap3736.11 5 Admittedly, the husband of the victim, namely Shivnath, as well as father-in-law of the victim, namely Kundlik, have been enlarged on bail by the learned Sessions Court. Moreover, the complainant also has been discharged from the hospital on 4.7.2011. 6 Having the comprehensive view of the matter and considering the accusations made against the applicant, apparently, I am of the view that there is no necessity of custody of the applicant for further progress in the investigation, and hence, present application deserves to be allowed. 7 In the result, present application is allowed and it is directed that in the event of arrest of the applicant under C.R. No. I-78 of 2011, registered at Sonai police station, Taluka Newasa, District Ahmednagar, the applicant be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with 4 crap3736.11 one surety in the like amount, on the following conditions :- (i) The applicant shall give attendance before the concerned investigator once in a week i.e. on Wednesday between 3.00 p.m. to 5.00 p.m., till filing of the charge sheet and shall cooperate in the investigation. (ii) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 8 The present application stands disposed of finally. 9 It is made clear that the above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3736.11