1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1539 of 2010 Pramod @ Chotu Chandrikaprasad Mishra ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Gittikhadan, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Rajeev Madkholkar, Advocate for the applicant. Mr. J.B.Jaiswal, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 19 th Octo ber , 2010 . Heard. This is an application filed by the applicant for grant of regular bail in Crime No. 240/2010 registered at Police Station, Gittikhadan, Nagpur for the offences punishable under Sections 147, 148, 149, 302, 120-B of Indian Penal Code. Mr. Madkholkar, learned Advocate for the applicant has invited my attention to the report dated 28/8/2010 and submitted that bare perusal of the report would show that the applicant visited the house of the victim at about 2.00 pm and on the pretext of having some work, took the victim with him. According to learned Advocate, except this statement, there is no role attributed to the applicant involving him in the assault. Learned Advocate has invited my attention to the arrest effected of the applicant on the same day i.e. on 28/8/2010, which was effected at the office of applicant i.e. S.R.P., Division No.4, Nagpur and submitted that the applicant is serving in S.R.P. force and at the time of incident, the applicant was discharging his duty. He, therefore, prayed for grant of bail to the applicant. The reply is filed by the State and opposed the application. 2 Learned APP submitted that the offences registered against the applicant are serious in nature. Learned APP has also expressed apprehension that in the event of release of applicant on bail, the applicant may tamper with the prosecution evidence and pressurize the witnesses. He, therefore, prayed for rejection of the application. Perused the reply and gone through the record produced by learned APP for perusal of the Court. Perusal of the reply and the record show that there are the statements of the witnesses that the applicant visited the house of the applicant and called the victim to discuss about purchase of mobile phone. However, apart from this statement, there is nothing on record to show that the applicant was armed with any weapon or he participated in the assault. In view of the statement of learned Advocate Mr. Madkholkar, when it was asked to learned APP that whether any material is collected by the investigating agency to show that on the day of the incident, the applicant was on leave or he was not available at the place of his duty on that day, learned APP was unable to show any such material. Learned Advocate for the applicant has submitted that if the bail if granted, the applicant is ready to abide by any condition imposed by the court and ready to cooperate the investigating agency. In view of the submission made by both the sides and after going through the record produced before the Court, I am of the opinion that the case is made out by the applicant for grant of bail. The apprehension expressed by learned APP can be taken care of by putting the applicant on conditions. In the result, the application is allowed. The applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- and a solvent surety of like amount. The applicant to cooperate with the investigating agency 3 and attend the police station, Gittikhadan, Nagpur every Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet. The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. In case the applicant is moving out of the area of police station, Gittikhadan, he shall inform the police station about his visit to other place. Criminal Application is disposed of in above terms. Hamdast permitted. JUDGE Diwale