cra3315.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3315 OF 2011 Sachin Ram Dhotre, Age-23 years, Occu:Business, R/o-Papayya-Galli, Chitale Road, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra. ...RESPONDENT. ... Shri.Amol K. Gawali Advocate for Applicant. Shri.S.G. Nandedkar, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 10TH AUGUST, 2011 PER COURT : 1. This Application is filed for bail in C.R. No.197 of 2011 registered in Kotwali Police Station, Ahmednagar, Dist-Ahmednagar, for the offences punishable under Sections 302, 498-A, cra3315.11 2 323, 504, 506, 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 statement of the deceased recorded by the Police Officer on 29th May, 2011. The deceased was the wife of the Applicant and she was given in marriage on 22nd February, 2011. The incident took place on 28th May, 2011. In the dying declaration, deceased has made allegations that there was ill- treatment to her from the husband and parents of the husband. She has made allegations that Applicant is addicted to liquor and after having drunk, he used to give beating to her. Allegations are made that husband and his parents were demanding Rs.1,50,000/- and on that count also they were harassing to her. Allegations are made that husband was sleeping in separate room and he was not sleeping in her room. She has made allegations that at about 1.00 hour of the night, cra3315.11 3 the husband set fire to her and prior to that her ornaments were snatched by the mother in law. 3. The papers of investigation show that the first dying declaration was recorded at about 9.00 a.m. immediately after reaching the deceased to the hospital and it was recorded by executive magistrate. In this dying declaration, she made allegations against mother in law and sister in law that they were harassing and they were asking her to bring Rs.1,50,000/- from parents. In the first dying declaration, the deceased disclosed that due to harassment of the mother in law and sister in law, she had set fire to herself. Thus, there was no allegation of the offence against the husband in the first dying declaration. 4. The papers of investigation contain two inconsistent dying declarations. As the Applicant is permanent resident of Ahmednagar and he is businessman, there is no possibility of absconding cra3315.11 4 and there is no possibility of tampering with the prosecution witnesses. Therefore, this Court holds that bail can be granted to the Applicant, subject to some conditions. 5. The Criminal Application is allowed. The Applicant is to be released on bail in C.R. No.197 of 2011 registered in Kotwali Police Station, Ahmednagar, Dist-Ahmednagar, for the offences punishable under Sections 302, 498-A, 323, 504, 506, 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 prosecution witnesses and he is not to visit the place of residence of the parents of the deceased. [T.V. NALAWADE, J.] asb/AUG11