1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1587 of 2010 Daulat Kisan Gedam and another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Jiwati, Dist.Chandrapur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.D.Hajare, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 22 th Octo ber , 2010 . Heard Mr. A.D.Hajare, learned Advocate for the applicant and Mr. M.J.Khan, learned APP for the State.. This is an application filed by the applicants for grant of bail in Crime No. 7/2010, registered with Police Station, Jiwati, Dist. Chandrapur for the offences punishable under Sections 302, 376, 363, 201, 120(b) r/w Sec.34 of Indian Penal Code. The report dated 15/4/2010 by one Smt. Laxmibai Lingampalle stating that on 13/4/2010 the daughter of the complainant, namely Ku. Sonu D/o Keshao Lingampalle left the house in the evening for recharging the mobile phone as well purchasing tablet and ‘kharra’ and thereafter her whereabouts are not known. On 14/10/2010 the complainant Smt. Laxmibai lodged complainant of missing of her daughter. On 15/4/2010 the police found the dead body of the victim and the complainant i.e. the mother of the victim identified the body of her daughter Ku. Sonu. The investigation was started and during the investigation it is revealed that four accused persons had committed murder of the victim Ku. Sonu. The investigating agency also found that the victim girl was subjected to sexual exploitation. 2 Learned Advocate for the applicants submits that the report came to be lodged only on the suspicion on the applicants and except, suspicion, there is no material against the applicants. They are falsely implicated in the said offence. Learned Advocate, therefore, prays for grant of bail to the applicants. Learned APP has filed the reply and opposed the application. Perused the reply and also the record produced by learned APP before the court for perusal. Learned APP submits that there are statements of witnesses, which mentions the involvement of the applicants. Learned APP has expressed an apprehension that if the applicants are released on bail, they may tamper with the evidence, pressurize the witnesses and the applicants will not be available for the investigation. Perusal of the reply and the record produced before the Court reveal that there are statements of witnesses recorded by investigating agency namely Jayatu Meshram, Smt. Laxmibai and other witnesses. These statements clearly mention presence of these applicants/accused persons on the spot on the day of incident. The statements also reveal that the victim was sexually exploited. In view of the specific statements, in my opinion, there is prima facie material to connect the applicants with the present crime. The apprehensions expressed by the learned APP are justified. Therefore, it is not a fit case to grant bail to the applicants. In the result, the criminal application is rejected and disposed of as such. JUDGE Diwale