1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2907 OF 2010 Arjun Vasaram Rathod, Age­30 years, Occu­Service,R/o.Nav Yug Vikas Mandal Damunagar, Bhimnagar Akurli Road, Kandivali (East), Mumbai APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Joydeep Chatterji, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 04/08/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.113/2010, registered in Mantha Police Station of Dist. Jalna, in which he came to be arrested on 04/07/2010 from Mumbai. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. It appears that an offence came to be registered in Mantha Police Station on the complaint of one Shashikala Shankar alleging 2 that in the afternoon of 25/06/2010, some dispute took place between her husband, deceased and Vasaram Rathod, on the count of agricultural dispute. It is alleged in the said complaint that in the afternoon around 3.15 p.m. or so, the deceased was picked up by 5­6 persons including the present applicant and he did not return back, hence complaint came to be registered initially for an offence punishable u/s. 364 of The IPC. Later on, the dead body of deceased was found on 26/06/2010 in injured condition in the outskirts of village Khorad Sawangi and then offence punishable u/s. 302 of The IPC is added alongwith other offences. This offence came to be registered against 5 known persons and 5­6 unknown persons, in which name of the present applicant is included as a person known to the complainant. Admittedly, the complainant is the wife of brother of father of present applicant. Relations between father of the applicant and deceased were strained on the count of agricultural land. It is to be noted that other than the present applicant, others who are locally r/o. Khorad Sawangi, were arrested and at their instance deadly weapons were recovered. Papers of investigation discloses that the present applicant was arrested on 04/07/2010 about 10 days after the alleged incident occurred and i.e. also from Mumbai, as the applicant is serving as a Jr.Clerk in K.C.Somaiya Collage, at Bombay. During the investigation, statement of the applicant came to be recorded, which is not permissible under the provisions of Cr.P.C., wherein he informed that he is serving as a Jr.Clerk in K.C.Somaiya Collage and was present on duty on 24th, 25th and 26/06/2010, i.e. a day before the alleged incident, on the 3 day of incident and the day after the alleged incident. Accordingly, the Investigation Officer asked for the relevant information from the College Authorities. In response to the said communication, photo copy of the muster roll is annexed at Exh.’C’ alongwith application, of which report is received by learned APP. It is revealed from the copy of the muster roll that the present applicant was on duty at Mumbai on 24th, 25th, and 26/06/2010. This prima facie indicates that the present applicant was not present at the spot, at the time of alleged incident, as alleged by the complainant and supported by other witnesses. Also there is no any other material to falsify the record collected by the Investigation Agency itself. Considering this aspect, prima facie, case is made out to enlarge the applicant on bail on certain conditions, hence order ­ O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/­ and on executing PR bond in the like amount. 3. After release on bail, applicant to give attendance to Mantha Police Station, if required on written intimation by the Investigation Officer concerned, and not to enter village Hiwarkheda as well as in village Khorad Sawangi till the disposal of sessions trial against him. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2907­10