IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 1484/2009 [Amit @ Rinku Arun Bhiwagade ..vs..State of Maharashtra ] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------------------------- - -- CORAM : S.R.DONGAONKAR, J. DATE : 2nd July, 2009 Heard Shri Bhangde, advocate for the applicant and Shri Sonare APP for state. The applicant by this application under section 439 of Cr.P.C., seeking bail. The offence alleged against the applicant is serious i.e. for the offence under section 376(2) (g) of IPC. It does appear that the report was lodged against unknown person. Later on applicant was apprehended some time after two days. It is alleged that prosecutrix identified him in police station. But then why test identification parade is not conducted; is not explained. The prosecutrix in her supplementary statement dated 18.10.2008 has implicated applicant. As prosecution is unable to explain as to why T.I.Parade was not conducted and the report was lodged against unknown person, applicant would be entitled for bail. Learned APP states that the matter is fixed before the trial court for evidence and trial is likely to be taken in near future. As the learned APP is unable to explain the specific case against the applicant, though the trial is due, that can not dis-entitle the applicant for being released on bail. The applicant be released on his furnishing surety and PRB of Rs.25000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall attend P.S. Yashodhara Nagar, Nagpur on every Sunday at 11.00 a.m. until further orders and attend the trial regularly. Application stands disposed of. It is made clear that the observations made above are in prima faice view of the matter and they shall not influence the learned trial court while deciding anything on merit. JUDGE smp.