1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1384 of 2010 Anand @ Balya bhimraoji Mankar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Butibori, Dist. Nagpur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.A.Naik, Advocate for the applicant. Mrs. A.R.Taywade, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 30 th September , 2010 . Heard. This application has been moved by the applicant for seeking bail in Crime No. 55 of 2010, registered at Police Station, Butibori, Dist. Nagpur for the offences punishable under section 302, 364, 201, 506-B read with Section 34 of Indian Penal Code. As per the allegations, a plan was hatched to eliminate one Ganpatrao Ballewar and his wife Smt. Savita Ballewar by their son Nirbhay Ballewar with a view to grab the property. Mr. Naik, learned Advocate for the applicant submits that the applicant was driver on a vehicle namely Scorpio, which was hired by the accused persons from the owner of the vehicle. The allegation against the applicant is that he was a driver of the vehicle, who carried the persons to various places. Learned APP strongly opposed the application on the ground that the offences are serious. With the assistance of learned Advocate for the applicant and learned APP, perused the application and gone through the material placed on record. Perusal of the record neither show any 2 role attributed to the applicant nor show that the applicant was aware of the plan being hatched by the accused persons. Even bare perusal of the statement of co-accused, show any role or active participation of the applicant in the said crime. In view of above, I find that the applicant has made out a prima facie case for grant of bail. In the result, the application is allowed. The applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- with one solvent surety in like amount, on the following conditions. i] The applicant to cooperate with the investigating agency and attend the police station, Butibori, Dist. Nagpur as and when called by the Investigating Officer. ii] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. iii] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. iv] The applicant shall not leave the area of police station, Butibori without prior intimation to the I.O. In case the applicant is moving out of the area of police station, Butiboti, 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