1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1431 of 2010 Ramsingh Damdiya Jamariya ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Akot, Dist. Akola Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.L.Khapre, Advocate for the applicant. Mr. J.B.Jaiswal, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 30 th September , 2010 . Heard. This application has been filed by the applicant for grant of bail in Crime No. 18/2010, registered at Police Station, Akot, Dist. Akola for the offence punishable under Section 302 R/w section 34 of Indian Penal Code. Mr. Khapre, learned Advocate for the applicant submitted that except some previous enmity, there is no material available with the investigating agency so as to rope the applicant in the crime in question. He further submitted that the material collected by the investigating agency against the applicant is vague in nature and no positive material is coming forward against him. Learned APP in reply has opposed the application and expressed apprehension that if the applicant is released on bail, he may tamper with the prosecution evidence and pressurize the witnesses. With the help of learned Advocate for the applicant and learned APP for the State, I have gone through the record. The statements of witnesses recorded during the course of 2 investigation show that the applicant was found moving in bazaar. It is not the case that the applicant was found along with victim or he was last seen with the victim just before the incident. Learned APP submitted that prior to the incident, there was a quarrel between the applicant and the victim. This itself is not a sufficient ground to say that the applicant is not entitled for grant of bail. It is not in dispute that the investigation is complete and charge sheet is filed. The apprehension expressed by the State/investigating agency can be taken care of by putting the applicant on certain conditions. Learned Advocate for the applicant submitted that the applicant is ready to abide by the conditions, which will be imposed by this Court and also assures that he will cooperate with the investigating agency. Considering the submission made by both the sides and the material on record, I am of the opinion that the applicant has made out a prima facie case for grant of bail. In the result, the application is allowed. The applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- with one solvent surety in like amount, on the following conditions. i] The applicant to cooperate with the investigating agency and attend the police station, Akot, Dist. Akola as and when called by the I.O. ii] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. iii] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. 3 iv] The applicant shall not leave the area of police station, Akot without prior intimation to the I.O. In case the applicant is moving out of the area of police station, Akot, he shall inform the police station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE Diwale