1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 271/2011 (Amol Vasantrao Kadam and another ..Vs.. The State of Maharashtra through P.S.O. P.S. Kalamb, Distt. Yavatmal) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. M. V. Bute, Advocate for the Applicant Mr. N. R. Rode, A.P.P. for the Non-Applicant CORAM : U.V. BAKRE, J. DATED : 20.8.2011. 1. Heard Mr. M. V. Bute, learned Advocate for the Applicants and Mr. N. R. Rode, learned A.P.P. for the Non-Applicant. 2. The applicants, who apprehend their arrest in Kalamb Police Station, Crime No. 82/2011 registered for offence punishable under Sections 306, 341, 354, 506, 509 read with Section 34 of the Indian Penal Code, have filed this application for anticipatory bail. 3. The allegations against the applicants are that both the applicants used to taunt deceased namely Ku. Shilpa and, that on 11/07/2011 when she got down from the Auto Rickshaw at the S. T. Bus Stand at Kalamb, both the applicants caught hold of her hand and assaulted her with fist-blows and kicks and outraged her modesty and threatened to kill her if she told the facts to others. 2 4. The prosecution alleges that on account of above reasons, the deceased consumed poison and jumped into well. She died on 16/07/2011 as a result of consumption of poison. 5. The applicants say that they have not committed any offence and false complaint has been filed against them and they are ready to abide by the conditions imposed. 6. A perusal of material on record reveals that though the incident occurred on 11/07/2011, the father of the deceased namely Upendra Bajrang Palkar lodged the report on 14/07/2011. It is seen that there is no evidence of any witness who has seen the deceased being harassed by the applicants or either of them by taunting her or by threatened her or by assaulting her. 7. The evidence of witnesses namely Sandip Mahale and Vinod Nehare prima facie appears to be hearsay and does not appear to relate to the cause of death of the deceased Shilpa. 8. Both the applicants are aged about 26 years old and they are students. It is not the case of the prosecution that the applicants have any criminal background. Nothing is to be recovered in the present case at the instance of the applicants. No purpose will be served by detaining the applicants in custody in the 3 event of their arrest. On the contrary, that may amount to punishment before trial. 9. In the result, the application is allowed. 10. In the event of the arrest of the applicants in Kalamb Police Station, Crime No. 82/2011 registered for offence punishable under Section 306, 341, 354, 506, 509 read with Section 34 of the Indian Penal Code, they shall be released on bail upon execution of personal recognition bond in the sum of Rs. 20,000/- each with one solvent surety in the like amount under the following conditions namely:- (i) Both the applicants shall attend the Kalamb Police Station on Monday the 22nd instant between 10.00 a.m. to 12.00 noon and, thereafter, shall attend the said Kalamb Police Station as and when called upon by the Investigating Officer to do so. (ii) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer. (iii) The applicants or any of them shall not try to contact Ku. Kavita Chaudhari in any manner either telephonically or physically. 4 (iv) This order shall remain in force till the end of the trial in view of the Judgment of the Hon'ble Supreme Court in the case of Siddharam Satlingappa Mhetre V/s. State of Maharashtra and ors. reported in 2011(1) Bom.C.R.(Cri) 293. Hamdast allowed. JUDGE Punde.