1 ABA-817-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 817 OF 2011 Avdhut Suresh Mane-Deshmukh ... Applicant vs. The State of Maharashtra ... Respondent Mr. Jaydeep D. Mane,Advocate, for the applicant. Mr.Y.M.Nakhwa,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 19th October, 2011. P.C. 1. The applicant, who is husband of the deceased Ujwala, seeks anticipatory bail in Crime No.69/2011 registered at Madha Police Station, District Solapur, for the offences punishable under Sections 498A, 306, 323 and 504 read with Section 34 of IPC. 2. According to the prosecution, deceased Ujwala was married to the present applicant on 25.10.2010 and after the marriage, she went to live with her husband. Her father-in-law Suresh Mane and brother-in-law Ganesh Mane were also living in the same house jointly. On 30.7.2011, in the night, she caught fire and she was taken to a private hospital from where she was referred to the District 2 ABA-817-11.sxw Hospital. On 6.8.2011, she died because of the burn injuries. The offence came to be registered on 9.8.2011 when her father Shivaji Baliram Deshmukh lodged a report at the police station. As per the report lodged by him, after the marriage, her husband, father-in-law and brother-in-law used to torture her to pressurise her to bring amount of Rs.50,000/- for purchase of motor-cycle. As the demand was not met, the harassment continued. In the night on 30.7.2011, she had immolated herself. 3. According to the applicant, he has been falsely implicated by belated FIR lodged by the father of the deceased. He has also secured certain information from the Police Department under the Right to Information Act, which shows that initially at the police chowki a report was given that she had caught fire accidentally with Stove. Learned APP points out that dying declaration of the deceased was recorded on 31.7.2011 by Special Executive Magistrate as well as by Police Head Constable wherein she had alleged ill-treatment on account of demand of money. 4. The alleged dying declaration of Ujwala recorded by Police Head Constable on 31.7.2011 at 3 p.m. shows that she had made allegation against her husband and father-in-law of keeping her hungry and beating on account of her failure to bring money. There was no allegation against brother-in-law. In the 3 ABA-817-11.sxw dying declaration allegedly recored by the Special Executive Magistrate she had made allegation of ill-treatment and torture by her husband, mother-in-law and father-in-law. Admittedly, her mother-in-law had died about 12 years before i.e. Long before she was even married to the applicant. In that statement also, there is no reference to brother-in-law. It is material to note that brother-in-law’s name came up for the first time in the FIR lodged on 9.8.2011 by father of the deceased and on that basis the brother-in-law had been arrested. There is no explanation from prosecution as to why no offence was registered on 31.7.2011 or immediately thereafter inspite of the two dying declarations allegedly recorded by the Special Executive Magistrate and the Police Head Constable and why there was delay of 9 days in registration of the offence. No offence was registered for 3 days even after death. The hospital record shows that when she was admitted in the hospital, it was reported that she had caught fire accidentally with a Stove. 5. Taking into consideration the above circumstances, in the event of arrest in Crime No.69/2011, the applicant be released on his executing P.R. of Rs. 15,000/- with a surety in the like amount with condition that he shall make himself available to police as and when required for the purpose of interrogation. He shall fully co-operate with the police in investigation of the case. (J.H.BHATIA,J.)