{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.721 OF 2010 Sanjay Sukhdeo Mahajan APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. D.S.Bagul, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th March 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.47/2009 registered with Thalner police station, Dist-Dhule, as the applicant is arrested on 11.09.2009 and after completion of investigation, charge sheet has been filed and the case is also committed and numbered as Sessions Case No.173/2009 and pending for trial. 2. Heard learned counsel for the applicant and learned APP and as charge sheet has been filed, perused the entire papers of investigation. {2} 3. It appears that the offence is registered on the complaint of village Sarpanch of village Thalner, as the dead body of one Sushilabai was found in a sugar cane field on 04.09.2009. The said filed is owned by one Kashinath Patil. Initially, the complaint was lodged against unknown persons. PM report shows that the death is caused due to cut injuries on neck and due to hemorrhage. Thus, it is clear from the nature of injuries that the death is homicidal one. 4. Perusal of papers of investigation indicate that the case of prosecution rests of circumstances and no direct evidence is available. It further appears that statements of two eye witnesses are recorded, who have disclosed that the applicant was seen in the company of the deceased in the evening of 03.09.2009. These witnesses have also disclosed that a quarrel took place between the deceased and the applicant. The witnesses have also disclosed that on the next day they have seen the wife of the applicant washing blood stained clothes. The said clothes were recovered at the instance of the applicant, however the CA report is not yet received. The fact remains that the circumstances show that the deceased was in the company of the applicant a day prior to the incident. The circumstances on record establish the nexus between the death of the deceased and the role alleged against the applicant. If the applicant is involved in the offence and tried to conceal the same, then it is not safe to release him on bail, as there is {3} possibility of tampering of the witnesses and evidence. In the premise, the application which is sans merits stands rejected. [A.V.POTDAR, J.] drp/A10/criapln721-10