1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.776 OF 2010 1. Ramhari S/o.Bhaskar Aware, Age-21 years, Occu-Agriculturist, 2. Bhaskar S/o.Tukaram Aware, Age-58 years, Occu-Agriculturist, Both R/o.Malewadi, Tq.Jamkhed, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra, RESPONDENT Mr.A.M.Gaikwad, learned counsel for applicants. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 09/03/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No. 117/2009, registered in Patoda Police Station, for the alleged offence punishable u/s. 302, 498-A r/w. 304-B, 207 of The IPC. 2. Heard learned counsel for the applicants, followed by the submissions of learned APP for State. Perused the papers of investigation till carried out. 2 3. It is not under dispute that these applicants are respectively father in law and brother in law of deceased Santiga, who got married with son of second applicant in the month of June 2009. The alleged incident occurred within a period of 6 months after the marriage took place. As per the allegations, these applicants as well as husband and other relatives of Sangita were harassing her on the count of dowry. As per the allegations in the complaint, on 22/12/2009, a phone message was received by the father of deceased that since evening, Sangita is missing, for which later on report was lodged. Dead body of Sangita was found in one field of Nagargoje at the distance of about 20 km. away from Malewadi where these applicants are residing. The dead body is found at Yerlewadi in the jurisdiction of police Station Patoda. 4. After the dead body was taken out from the well, and after completing the formalities, the post mortem was conducted. The cause of death is due to auspicia and two ligature marks as well as other injuries were found on the person of deceased. These applicants came to be arrested in connection with the said offence on 25/12/2009. Considering this overall investigation, the fact remains that the case is rests on circumstantial evidence as no direct evidence is there. 5. Perusal of papers of investigation do not disclose that these applicants were last seen together in the company of deceased alongwith others in the field, where the well is situated, and from 3 where the dead body of Sangita was found. Apart from it, other than the allegations about harassment at the hands of these applicants and others, and the statement of relatives of Sangita recorded to link the applicants alongwith the offence to be charged u/s. 302 of The IPC, no linking evidence is available. Applicants are in custody since more than 75 days. The fact remains that even though the death of deceased is an un-natural death, at least at this stage, it can not be inferred that these applicants are to be held liable for that death. A case is made out to enlarge the applicants accused on bail. Hence order : O R D E R 1. Application is allowed. 2. Applicants be released on bail on furnishing surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. 3. Even after released on bail, applicants to give attendance to Patoda Police Station, in case required on written requisition of the Investigation Officer. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.776-10