1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1418 OF 2010 (Kishor @ Bala Baliram Charde .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.M. Patwardhan, Advocate for the applicant. Shri J.B. Jaiswal, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 23RD SEPTEMBER, 2010. Heard. By the present application, the applicant is seeking bail for the offence punishable under Sections 419, 420, 468, 471 and 120-B read with Section 34 of the Indian Penal Code in Crime No. 81/2010 at Police Station, Narkhed. The prosecution case against this application is that the applicant is the mastermind and he prepared bogus identification certificate of person namely Narayan Kisan Dandare showing him to be one Nasrulla Khan, the father of the complainant, who was dead. It is further the case of the prosecution that sale deed was executed by this bogus person in favour of one Anusayabai Banait who was also bogus purchaser. Learned APP submitted that the other accused persons are absconding and certain documents are yet to be seized. Shri R.M. Patwardhan, the learned Counsel for the applicant submitted that the prosecution is unable to show any active role played by the applicant as alleged by the prosecution. The applicant is only the witness to the documents. The prosecution case even considered as a whole is not suggestive of anything such as the applicant is the mastermind of the crime. Learned Counsel for the applicant further submitted that the alleged crime is of dated 25.09.2009 and the applicant came to be arrested on 17.07.2010. He further submitted that the prosecution is unable to show that within the span of these two months, and when the applicant was available for investigation, investigating 2 agency was successful in collecting material evidence. Learned Counsel further submitted that the applicant is ready to cooperate with the investigating agency and also ready to follow the directions of conditions. I have considered the contentions canvassed by the learned Counsel for the applicant and learned APP for the respondent/State. In my opinion, there is considerable merit in the submissions of the learned Counsel for the applicant. The objection raised by the learned APP can be taken care of by putting the applicant on certain conditions. In the result, the application is allowed. The applicant be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions, till filing of the charge sheet. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Narkhed on every 1st and 3rd Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant shall not tamper with the 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. (iv) In case the applicant is moving out of the area of Police Station, Narkhed, 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 *rrg.