1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3349 OF 2010 Kalidas Taterao Bhargande .. Applicant Versus The State of Maharashtra .. Respondent Mr.S.T.Ghute, Advocate for applicant Mr.N.R.Shaikh, A.P.P. for respondent-State CORAM : P.V. HARDAS, J. DATE : 26th October, 2010 PER COURT 1. The applicant, who is accused in Crime No.22/2010 registered by the Naldurg Police Station, District Osmanabad under Section 302, 498-A read with sec.34 of the Indian Penal Code on the allegations that the applicant had killed his wife Rajashree on 18.2.2010 seeks his release on bail pending the decision of the trial. The investigation has been completed and a charge-sheet has been filed. 2. It appears that the applications, namely Criminal Application Nos. 2113 of 2010, 2114 of 2010, 2115 of 2010 and 2043 of 2010 filed by the other accused came to be allowed by the learned Single Judge of this Court by order dated 28.6.2010. The prosecution has produced a dying declaration of Rajashree in which she states that she had accidentally caught fire on account of the flaring of the stove. The learned Assistant 2 Public Prosecutor states that the recitals in the said dying declaration are proved to be false in the light of the subsequent oral dying declaration and the recitals in the scene of the offence panchnama. 3. However, in the light of the fact that initially statement of deceased Rajashree was that she had accidentally caught fire, according to me a prima facie case is made out by the applicant for his release. In that light of the matter, present application is allowed and the applicant is directed to be released on bail on applicant executing a P.R. bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court on the condition that the applicant shall not tamper with the prosecution evidence or influence the prosecution witnesses. Application allowed accordingly. ( P.V. HARDAS, J.) (vvr/3349.10criappln)