1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION No.1241/07. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: C.L.PANGARKARJ. DATE : 15th June, 2007. 1. Heard Shri R.M.Daga, Advocate for the applicant and Shri A.S.Sonare, Addl.Public Prosecutor for the State. 2. This is an application under Section 439 of Code of Criminal Procedure. 3. One Kaveri was married to one Bhagwat. They have two children out of the wed-lock namely; Nikita and Aditya. It is alleged that the relations between two were strained. It is also alleged that Bhagwat, who is husband of Kaveri is of unsound mind. It is alleged that he had thrown his children i.e. Nikita and Aditya in the well. Aditya who was aged about four months died due to drowning and Nikita survived. The mother of the two children then lodged report with the police and police have registered offences under Sections 302, 307, 342, 498-A r/w 34 of I.P.Code. 2 4. The accused has been arrested by the police and now seeks bail. 5. The learned counsel for the applicant submitted before me that the applicant/accused is not at all concerned with the crime, in as much as, it was Bhagwat – father of the children – alone who had thrown the children in the well. He particularly invited my attention to the statement of Nikita, one of the daughters of Bhagwat, who was thrown in the well. The statements shows that it was Bhagwat alone who had thrown children in the well. Similarly, my attention was invited to statement of one Vishaka – the other eye witness. She has also stated that it was Bhagwat alone who thrown the children in the well. Obviously, this statement definitely goes to show that this present accused is prima facie not connected with the crime. In view of this, he deserves to be released on bail. Hence, the order. Accused/applicant be released on his entering into personal recognizance bond in the sum of Rs. 5000/- with one surety in the like amount. JUDGE pzc