The main legal point established in the judgment is the court's discretion to grant interim bail in anticipation of arrest based on the nature of the allegations and the need to protect the applicant's liberty until the matter is heard on merits.

JUDGMENT

R. N. Laddha, J. - Issue notice to the non-applicant returnable on 16-11-2021. Mr. S.G. Sangle, learned APP waives service of notice for the non-applicant / State.

2. In anticipation of arrest in Crime bearing No.701 of 2021 registered at Pathardi Police Station for the offences punishable under Sections 306 and 506 of the Indian Penal Code, the applicant is praying for pre-arrest bail.

3. Precisely, the case of the prosecution is that, at the time of the incident the husband of the deceased was residing at Pune. The deceased was staying at her matrimonial home with her in-laws. Applicant was their neighbour. It is alleged that the applicant had an evil eye on the deceased and was insisting upon her to keep relations with him. The deceased could not stand the overtures of the applicant and committed suicide by consuming poison.

4. Mr. A.G. Ambetkar, learned Counsel for the applicant submits that the crime against the applicant has been registered only on hearsay evidence. He further submits that the deceased has committed suicide due to harassment by her in-laws. Initially, ad-interm protection was granted by the learned Sessions Court. The learned Counsel for the applicant further submits that the evidence to be collected is the electronic evidence, for which, the custody of the applicant is not required and the police could recover the mobile phone of the victim if they want to collect any evidence.

5. In view of the nature of the allegations, the applicant’s liberty can be protected till the matter is heard on merits. Hence the following order:

ORDER

(i) In the event of the arrest of the applicant namely Uddhav Balu @ Balasaheb Khedkar in Crime bearing No.701 of 2021 registered with Pathardi Police Station for the offences punishable under Sections 306 and 506 of the Indian Penal Code, he be released on interim bail on executing P.R. bond in the sum of Rs.25,000/-, with one or more sureties in the like amount.

(ii) The applicant shall attend Pathardi Police Station, Tal. Pathardi, Dist. Ahmednagar on every Sunday between 11.00 a.m. and 02.00 p.m.

(iii) The applicant shall not tamper with the prosecution evidence.