1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2124 OF 2010 Sandip S/o.Laxman Tirukhe, Age-29 years, Occu-Service, R/o.Daregaon, Tq. And Dist. Jalna APPLICANT VERSUS The State of Maharashtra, Through Investigation Officer, Sadar Bazar Police Station, Jalna RESPONDENT Mrs.S.S.Jadhav, h/f. Mr.R.V.Gore, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State CORAM : A.V.POTDAR, J. DATE : 17/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.35/2010, registered in Sadar Bazar Police Station, Dist. Jalna in which he came to be arrested on 15/02/2010 in connection with death of his wife Sapna for the alleged offence u/s. 302, 304-B of IPC, r/w. section 3 & 4 of The Dowry Prohibition Act. In this case, after completion of investigation, charge sheet was filed on 12/05/2010 in the Court of J.M.F.C. Jalna. 2 2. Heard learned counsel for applicant, learned APP for State. As the investigation is over, also perused the papers of investigation carried out in this crime. 3. It is not under dispute that marriage of deceased took place with applicant on 31/04/2007. From the marriage, there is one daughter Shradha, who is 3 months old. The alleged incident took place on 07/02/2010. Just 2 days prior to that, the infant was admitted in Dipak Hspital, Jalna for treatment. Initially the applicant and deceased were residing at Latur, the place of service of applicant. In the month of July 2009, on transfer, they returned back to Jalna. As the infant was admitted in the hospital, both applicant and deceased alongwith the mother of applicant were looking after the infant. It is contended that in the afternoon of 07/02/2010, all of sudden, the deceased left the room of the hospital, where the infant was under medical treatment. On 08/02/2010 and on 09/02/2010, the missing news was published in Daily newspapers. On 07/02/2010, the complaint of missing was lodged in Kadim Jalna Police Station. On 14/02/2010 dead body of deceased was found in the well of one Rajesh, situated behind the Golden Jubilee School. This well is situated at about 2 to 4 kms. After completing the requisite formalities, the dead body was sent for post mortem. After completion of investigation, charge sheet was filed. 4. From the statements recorded during the investigation, 3 statement of one Rajesh, the owner of the field in which the well is situated, where the dead body was found was recorded. Statement of some of the persons, who were working in the said field, were also recorded, which shows that on 07/02/2010, they saw one lady jumped in the well. They tried to save her, but unable to do so. From this statement, it can not be inferred at least at this stage that the death is a homicidal death. May be accidental or suicidal, for which this Court has not to criticize at this juncture. From the evidence recorded, one fact is clear that on 07/02/2010, when these persons were working in the field of Rajesh, they saw only the deceased lady and not the applicant accompanied her. No evidence before the Court of lastly seen together. 5. It is contended on behalf of the prosecution that from the complaint, as there was illegal demand on the part of applicant and his parents, the deceased committed suicide. The infant was taking treatment prior to just 2 days of incident. Then something might have happened as the death is occurred within the span of 7 years of marriage of deceased with the applicant, but no circumstances are coming before the Court. In view of this, case is made out to enlarge the applicant on bail, on putting certain conditions. O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to contact with the 4 prosecution witnesses, and not to leave the local jurisdiction of the concerned criminal court without prior permission in writing from the concerned criminal court or from the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2124-10