Anticipatory Bail-Possibility of False implication

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.269 OF 2014

(Charansingh Jaising Rathod and others ..vs.. The State of Maharashtra, through PSO, PS Digras,District Yavatmal)

Office Notes, Office Memoranda of Coram,Court’s or Judge’s orders appearances, Court’s orders of directions and Registrar’s orders

Shri J.B. Kasat, Advocate for the applicants,
Mrs. Rashi Deshpande, Addl.P.P. for the non­applicant/State.

CORAM : M.L.TAHALIYANI, J.

DATED : 16­06­2014

Heard learned Counsel Shri J.B. Kasat for the applicants and learned Additional Public Prosecutor Mrs. Rashi Deshpande for the non­applicant/State.

2. The complainant was married to one Manik Charansingh Rathod on 11­12­2013. It was intercaste marriage. It appears that the family members of Manik were against the marriage. It further appears that there was a dispute in the family and therefore, a criminal case for the offence punishable under Section 498­A read with Section 34 of the Indian Penal Code was lodged by the complainant. Thereafter the complainant was staying on rent in the house of Shri Shahade at Yavatmal along with her mother.

3. The incident had occurred on 05-­5­-2014. The complainant was going to the house of Postman at the time of incident. It is alleged that the applicants had poured kerosene on her while she was proceeding to the house of postman. She had lodged report at Police Station for the offences punishable under Sections 285 and 323 read with Section 34 of the Indian Penal Code. It appears that later on Section 307 of the Indian Penal Code has also been added.

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4. I have gone through the First Information Report and police papers, particularly the spot panchanama. Spot panchanama does not indicate that the signs of kerosene were found on the spot. Nothing incriminating was seized from the spot by the police. This indicates that probably no such incident had occurred.

5. I have also gone through the Medical Report. The Medical Officer has not stated that the clothes of the complainant were smelling kerosene when she was examined. There was no serious injury on her body. Possibility of false implication cannot be ruled out. Hence, I pass the following order.

The applicants be released on bail in the sum of Rs.10,000/­ (rupees ten thousand) each with one solvent surety in the like amount for each of them, in the event of their arrest in First Information Report No. of 156/2014 of Digras Police Station, District Yavatmal, for the offences punishable under Section 285, 323, 354­A and 307 read with Section 34 of the Indian Penal Code.

The applicants shall attend the office of the Investigating Officer as and when required by the Investigating Officer till the investigation is completed. The application stands disposed of accordingly.

JUDGE

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