{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3795 OF 2009 Smt.Sunitabai w/o Sanjay Mahajan Age-28 years, Occ-Agriculture R/o Babhalaj, Tq-Shirpur Dist-Dhule APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.D.S.Bagul, Advocate for applicant Mr.N.B.Patil, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 26th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release her on bail in connection with CR No.47/2009 registered with Thalner police station for an offence punishable u/s 302 and 201 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the offence is registered in Thalner police station on the complaint of Jagannath Kashinath Mahanjan. Bare perusal of the compliant shows that this complaint is lodged against {2} unknown persons, who have committed murder of one Sushila and thrown her body in a well to conceal the offence. The complainant has not disclosed name of anybody and not even suspected on anybody. During the course of investigation the applicant came to be arrested on 11th September 2009 on suspicion. 4. Papers of investigation show that so far as case of the prosecution is concerned, there is no direct evidence about the death of Sushila, however the case rests on circumstances. It is tried to be urged by the learned APP that the act of the husband of the applicant can be attributed to some extent to the circumstances which lead to infer that he may be one of the suspects. However, so far as present applicant is concerned, on query to learned APP, he is unable to point out any circumstance which can be linked with the death of the deceased and any role played by the applicant. In the premise, prima facie, there is no case against the applicant even on circumstances. Hence, case is made out to enlarge the applicant on bail. 5. In the result, application is allowed. The applicant be released on bail on her furnishing surety in the sum of Rs.10,000/- and on executing PR bond in the like amount. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3795-09