1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 89/2009 ( Manohar Madan Jadhav vs. State of Mah.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 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 : 8 th APRIL, 2009 Heard Shri Kasat, Advocate for the applicant and Shri Thakare, APP for respondent State. This is an application under Section 439 of Cr.P.C. for grant of bail. The applicant is prosecuted for the offence punishable under sections 364, 302 of the IPC in Crime No. 85/2009 of Police Station Pusad (Rural). It is the case of the prosecution that on 25/07/2008, the applicant by inducement of giving chocolate and biscuit to the deceased Khushal, boy of 7 years, pushed him in the well and later on dead body was recovered at 5 p.m. It is the case of the prosecution further that the accused/applicant had illicit relations with the mother of the deceased, and as there was 2 objection, he was so killed. It is the case where illicit relations of the accused/applicant with the his aunt, who is 20 years elder than the accused. According to the learned trial Judge, in the case of debauchery the man acting under the lust hardly considers the difference of age. It may be true, but then the learned trial Judge should have seen as to what evidence is appearing against the applicant. The only evidence that is pressed into service against the applicant is that the deceased was taken by the applicant under the inducement of giving chocolate and biscuit to the deceased and later on he was found dead in the well. Learned APP has taken me through the reply, wherein it has been stated that it has come on record that the applicant had illicit relations with Shewanta, the wife of complainant, and it was objected by the complainant and on this count the applicant had grudge against the complainant and therefore, this incident had occurred. It does not seem to be the case of the prosecution that deceased had witnessed any such 3 objectionable act on the part of his mother & applicant. Further, there appears nothing besides the statement of the complainant regarding such illicit relations. The time of death of the deceased is also not shown to be in proximity with the applicant's taking away the deceased on the pretext of giving biscuit and chocolate. In such state of circumstances, the applicant cannot be denied bail. However, the same would be subject to conditions. The applicant be released on bail on furnishing surety and P.R.Bond of Rs.25,000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall not leave his ordinary place of residence without the intimation to the P.S.O. and shall attend the trial regularly, until the trial is over. Bail in lower court. Application disposed of. Hamdast granted. JUDGE Rvjalit