1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.48/2011 (Balram Shobe Yaduvanshi .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. A.V. Muley, Advocate for applicant, Mr. S.S. Doifode, APP for non-applicant/State. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 24, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Kondhali Police Station, Tah. Katol, Distt. Nagpur in connection with Crime No.112/2010 registered with the said police station on 24.9.2010 for offence under section 376 of IPC upon the report lodged by the mother of victim Ramabai regarding applicant having committed rape upon the victim by applicant, though vehemently objected by the prosecution will deserve consideration in view of the character of the material collected by the prosecution prima facie does not revealing any direct material linking applicant with the crime allegedly committed. Such a conclusion is apparent as the matters from the first information report are apparently based upon the matters told by the victim to her mother and the 2 prosecution is not able to record the statement of victim due to herself being murdered in another incident by her father. Needless to add even the first information report is lodged not immediately after commission of rape but belatedly after about one year or thereabout and that too after victim was murdered by her father. Having regard to the aforesaid, discretion deserves to be exercised in favour of grant of bail upon the applicant upon certain conditions. Hence the order : The applicant is directed to be released on bail in connection with Crime No.112/2010 of Police Station, Kondhali upon furnishing P.R. Bond in the sum of Rs.25,000/- with one surety in like amount and subject to the conditions that applicant - (i) after his release on bail, shall not stay in village Borgaon (Shivar) and shall intimate the investigating officer and the Court about his place of abode and shall attend the Police Station, Chhindawara in Madhya Pradesh of an area in which he would be staying in between 11 am and 2 pm on every Monday for a period of three months and, thereafter, on first Monday of every month until further orders and shall not change the same without the permission of the court; (ii) shall not indulge in any activity of tampering prosecution evidence, (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande