1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No.3294/2009 ((i) Kishor @ Balya Eknath Binekar and (ii) Manoj s/o Babasingh Gayki .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Patwardhan, Advocate for Applicants. Mr. D.P. Thakre, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 14, 2009 At the hearing of the application, the learned counsel for the applicants having stated that he is pressing the present application only for applicant no.2 and seeking leave to withdraw the application preferred for applicant no.1 and the learned APP having not objected the said request on any specific count, the application is only considered for applicant no.2. Heard. The prayer for bail made by the said applicant arrested on 24.2.2009 and since then in custody in connection with Crime No. 54/2009 registered on 23.2.2009 for commission of offences punishable under Sections 143, 147, 148, 149 and 302 of IPC upon the FIR lodged by one Dhanraj regarding incident of assault which had taken place on 23.2.2009 and during which his brother at about 11 p.m. nearby public latrine was 2 assaulted by about 8 to 10 persons including three named assailants by means of knife, stick and as a result of which the said victim had died on the spot, is objected by the prosecution on the counts (i) of the material collected by the prosecution revealing participation of more than five persons in an incident and (ii) the account of incident given by the first informant being corroborated by three independent eye witnesses and the clothes of the applicant seized being found with blood. The learned APP has urged that in addition to the aforesaid, one more crime is also registered against the applicant. It is the contention of the learned APP that considering the manner in which the deceased was assaulted and murdered at a public place and the involvement of applicant being borne from the material collected by the prosecution, he should not be released on bail. The copy of the charge sheet given to the perusal of the Court supports the contention of the learned counsel for the applicant that the applicant had not been named in the FIR nor by eye witnesses pointed out by the learned APP viz. Dhanraj, Narendra and Aliraja and thus prima facie does not reveal involvement of applicant in the incident of assault with the weapon upon the deceased. Having regard to such feature of prosecution material and furthermore upon a query made to the applicant the learned APP has submitted that though the applicant was put to TI parade, he was not identified by the witnesses for TI parade, the applicant has made out a case for releasing him on bail with strict conditions to ensure that his release on bail does not thwart the progress of a trial which is said to be likely to 3 be commenced very soon. Applicant no.2 Manoj Babasingh Gayki is ordered to be released on bail on his furnishing a PR bond in a sum of Rs.50,000/- with one or more sureties to make the like amount and subject to the conditions of applicant no.2 (i) attending Investigating Officer everyday for a period of first four weeks from his release in between 11 a.m. and 12 noon, thereafter every alternate day for a period of two weeks within the said timings and thereafter on every Monday until the trial is over; (ii) staying at the address mentioned in the application and not changing the same without prior permission of the Court; (iii) not involving in any activity of tampering the prosecution evidence including threatening and/or intimidating the witnesses and (iv) not committing any offence while on bail granted by this order. The application made by applicant no.1 Kishor @ Balya s/o Eknath Binekar stands disposed of as withdrawn. Hamdast allowed. JUDGE halwai