1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2288 of 2009 Rakesh v. State of Maharashtra -------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.M. Daga, Advocate for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 11th August 2009 1. Heard learned counsel for the parties. Learned counsel for the applicant submits that applicant is 19 years old and he is a student prosecuting his studies in X standard. Although accusations against him are serious alleging that he was involved in an offence of murder in furtherance of common intention with co-accused Vinod Tiwari and others, it is pointed out that Vinod Tiwari who is 27 years old andagainst whom more serious accusations are levelled, has been released on bail. According to the counsel for applicant, applicant was seen along with co- accused while Vinod Tiwari was last seen with the deceased. Therefore, considering nature of accusation against the present applicant, he would have better case than Vinod Tiwari, because he is arrested only on the basis of confessional statement of co-accused which is not admissible in evidence in view of the provisions of Section 25 of the Evidence Act. Learned counsel for applicant contends that possibility of applicant’s conviction is 2 remote and that nothing incriminating has been seized from this applicant. 2. Learned Additional Public Prosecutor opposed the bail application on the ground that Manager of the Hotel where applicant stayed for some time has identified the applicant and there is prima facie involvement of the applicant in crime. 3. It is not disputed that applicant is 19 years old and he is prosecuting his studies in X standard. It is also borne out that nothing incriminating has been seized from the present applicant and that co- accused Vinod Tiwari has been released on bail. In view of these facts, I am inclined to grant bail to the applicant. 4. Applicant be released on bail in Crime No. 80/2009 registered with Police Station, Mouda for the offences under Sections 302, 201, 120B read with Section 34 of the Indian Penal Code upon his executing PR Bond in the sum of Rs. 30,000/- with one or more sureties in the like amount. Applicant shall attend Investigating Officer as and when required. He shall not commit any crime while on bail and shall not misuse liberty in any manner. Further, applicant shall not try to tamper with prosecution evidence and influence prosecution witnesses. He shall leave his permanent address with telephone/cell phone number, if any, with the Investigating Officer. Application stands disposed of accordingly. Hamdast granted. Judge. hsj