1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.8/2011 (Ishan Bhajandas Sondawale .vrs. 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 Mr. Lubesh Meshram, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 04, 2011 Heard. The reply tendered by the prosecution is taken on record. Though the prayer for bail made by the applicant/accused charge-sheeted by Bramhapuri Police Station, District-Chandrapur in connection with Crime No. 251/2009 registered on 29.12.2009 for the commission of offences under Sections 363, 366, 376 of IPC and lateron to which offence u/s 366-A and 376 of IPC was added after about eight months, is vehemently objected by the prosecution on the count of involvement of the applicant being borne from the material collected during the investigation, having regard to the peculiar facts and circumstances reflected from the material collected during the course of investigation that applicant and victim has eloped and has stayed together for about eight months and no complaint was made by the prosecutrix during the said 2 period of eight months to anybody and the prosecutrix was above 16 years i.e. her birth date is 3.2.1993 as per Birth Certificate and having due regard to the fact that the offences for which the applicant is charge-sheeted are not exclusively punishable with the sentence of imprisonment for life, the prayer for bail canvassed by the learned counsel for the applicant deserves credence by imposing certain conditions for securing the presence of the applicant for trial and taking care of the apprehension expressed by the prosecution regarding possibility of the evidence getting tampered by the applicant. The applicant is directed to be released on bail in connection with Crime No.251/2009 of Police Station, Bramhapuri, District-Chandrapur upon furnishing P.R. Bond in the sum of Rs.25,000/- with two sureties in the like amount and subject to the conditions that applicant - (i) shall attend the investigating officer in connection with the investigation in between 11.00 am to 2.00 pm on every Monday till the conclusion of the trial; (ii) shall stay at the address mentioned in the application and shall not change the same without permission of the Court; (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. In view of disposal of main application, Criminal Application (APPP) No.9/2011 also stands disposed of. JUDGE Gulande