1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1076 OF 2010 1 Chandrakala w/o Janardhan Tirukhe, 2 Ganesh s/o Janardhan Tirukhe ....Applicants VERSUS 1 The State of Maharashtra ...Respondent ..... Smt. S.S.Jadhav, advocate holding for Shri R.V.Gore, advocate for the applicants Shri S.G.Nandedkar, A.P.P. assisted by Shri Joydeep Chatterjee, learned counsel for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 30th March, 2010 PER COURT : 1 Heard Smt. S.S.Jadhav, advocate holding for Shri R.V.Gore, advocate for the applicants and Shri S.G.Nandedkar, A.P.P. assisted by Shri Joydeep Chatterjee, learned counsel for the respondent. 2 This is an application preferred by applicant nos. 1 and 2 for grant of bail in connection with CR No. I-35 of 2010, 2 registered at Sadar Bazar police station, Jalna for the offences punishable under Sections 302, 304B and 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, since applicants were arrested thereunder on 15.2.2010 and they are in judicial custody presently. 3 At the out set, name of applicant no.2-Ganesh, although reflected in column no.7 of the first information report as one of the accused persons, his name has not been disclosed in the body i.e. contents of the first information report and no specific overt act has been attributed to him in the alleged offence, and therefore, his application deserves to be considered for grant of bail on the condition that he shall stay away from village Daregaon, Taluka and District Jalna till the investigation is completed and charge sheet is filed. 4 As regards applicant no.1-Chandrakala w/o Janardhan Tirukhe, she is a woman aged about 60 years, who is the cousin mother-in-law of victim Sapna, whose name has been reflected in the contents of the first information report and it is alleged that she illtreated victim Sapna physically and mentally and also made unlawful demand of money from her. However, considering the fact that she has been arrested on 15.2.2010 and is in custody 3 since last about 1½ months and also considering the fact that she is an old woman aged about 60 years, I am of the view that she deserves to be released on bail on the condition that she shall stay away from the concerned village till filing of charge sheet. 5 In the result, present Criminal Application No. 1076 of 2010 is allowed and applicant nos. 1 and 2 be released on bail in connection with CR No. I-35 of 2010, registered at Sadar Bazar police station, Jalna, on furnishing surety in the sum of Rs.15,000/- each and on executing P.R. bond in the like amount by each of them, on the condition that she shall attend the police station as and when required and shall cooperate in the investigation and shall not tamper with the evidence and/or influence upon the witnesses directly or indirectly and they shall stay away from village Daregaon, Taluka and District Jalna till completion of investigation and filing of charge sheet. 6 The above observations are prima facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE, J.) dbm/crap1076.10