cra3171.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3171 OF 2011 Sharad Jaywant Kshirsagar, Age-23 years, Occu:Service, R/o-Kopre, Tq-Rahuri, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Inspector, Kotwali Police Station, Ahmednagar. ...RESPONDENT. ... Shri.H.U. Dhage Advocate for Applicant. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 2ND AUGUST, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.105 of 2011 registered in Kotwali Police cra3171.11 2 Station, Ahmednagar, Dist-Ahmednagar, for the offences punishable under Sections 306, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by uncle of deceased. In the report, it is mentioned that the deceased had come in contact with the present Applicant due to her occupation and they had stayed in the same room at various places as husband and wife. Uncle has contended that the deceased had informed him that she had married with the present Applicant in a temple but the parents and other relatives of the Applicant were not giving recognition to this marriage. She had also informed that she had given her income to the Applicant and his relatives but they were not satisfied and they were demanding more amount as they wanted it for the expenses of marriage of sister of the Applicant. Ultimately the deceased consumed poison and committed cra3171.11 3 suicide. 3. In the P.M. report, the definite opinion is not mentioned but there is probability that deceased committed suicide after consuming poison and such symptoms are there in the P.M. report. The A.P.P. has drawn the attention of this Court to one so-called suicide note left behind by the deceased. This document does not bear any date but it was written after January, 2011. If this note was written by the deceased, it can be said that she was frustrated as the Applicant was not coming to her room and she was thinking that relatives of the Applicant were preventing him from visiting her room. She has contended that the Applicant and his relatives were asking her to give money for the marriage of sister of the Applicant for giving recognition to the marriage of the deceased with the Applicant. 4. The Advocate for the Applicant submitted cra3171.11 4 that there was a love affair between the Applicant and deceased but the material collected by the police is not sufficient to make out prima facie case against the Applicant for the offences mentioned in the report. It was submitted that the Applicant is behind bars since 29th March, 2011 and it is not desirable to keep him behind the bars as the evidence will be in the form of the witnesses on parent side of the deceased and at the most, the so-called suicide note. 5. In view of the aforesaid circumstances, this Court holds that Applicant needs to be released on bail. So, the Criminal Application is allowed. The Applicant is to be released on bail in C.R. No.105 of 2011 registered in Kotwali Police Station, Ahmednagar, Dist-Ahmednagar, for the offences punishable under Sections 306, 34 etc. of the Indian Penal Code, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). The Applicant is not to tamper with the cra3171.11 5 prosecution witnesses. The Applicant is not to enter the Shrirampur till the conclusion of case filed against him. [T.V. NALAWADE, J.] asb/AUG11