1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1820 of 2010 Pradip Shamrao Kadu ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Ajani, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Anil S. Mardikar, Advocate for the applicant. Mr. A.S.Parihar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 16 th Novem ber , 2010 . Heard. This is an application filed by the applicant for grant of anticipatory bail in the event of arrest in Crime No. 261/2010 for the offence under Section 306 R/w Sec. 34 of I.P.C. registered with Police Station, Ajani Police Station. Perused the application and the reply filed by the respondent/ State. Perusal of the record reveals that except the fact that the applicant is the brother of one Varsha Wankhede, co-accused, against whom a grievance was made by deceased Dinesh Satpute, there is no other material so as to show any active involvement of the applicant in commission of the crime. Mr. Mardikar, learned Advocate for the applicant by inviting my attention to the reply, submitted that the so called suicide note referred by the investigating agency mentions the name of Varsha Wankhede only i.e. the sister of applicant and no grievance is made against the present applicant. Learned Advocate further submits that the applicant is an employee of the Haribhau Wankhede High School 2 and he has no role to play in the administration of the school. Learned Advocate also submitted that the applicant is ready to cooperate with the investigating agency and also ready to abide by the conditions imposed by this Court. He, therefore, prayed for grant of pre-arrest bail to the applicant. Mr. Parihar, learned APP for the state has expressed an apprehension that the applicant will not be available for investigation and he may tamper with the prosecution evidence. He, therefore, opposed the application. Considering the submissions of learned Advocate for the applicant, in my opinion, a case is made out by the applicant for grant of pre-arrest bail to the applicant. The apprehension expressed by the APP can be taken care of by putting the applicant on conditions to secure his presence. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Ajani, Nagpur as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and contact numbers such as phone/mobile numbers to the investigating agency. 3 d] In case the applicant is moving out of the area of police station, Ajani, Nagpur, 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