1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1374 OF 2010 (Amo; Kisanrao Gaikwad .v. 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. Shri A.R. Rishi, Advocate for the applicant. Smt. A.R. Taiwade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 05TH OCTOBER, 2010. Heard. By way of present application, the applicant is seeking bail. A report came to be lodged with the Police Station, Dattapur, Amravati by the brother of victim namely Ganesh Shelke. Learned Counsel for the applicant submits that the applicant is roped in the offence only on suspicion and the business rivalry. He further submits that the deceased Shankar Shelke was indulged in business of illicit liquor and he had enemies in the business. Learned Counsel further submits that the report is lodged at a belated stage and there is no material available with the investigating agency to connect the applicant with the offence. Learned APP has filed the reply and submitted that the statements of witnesses are recorded and it is revealed that there was a quarrel between the deceased and the applicant prior to the incident. Perusal of the record shows that there is a statement of witness Ranjit Mande and in the statement, the witness stated that he had seen the applicant on 10.06.2010 at about 10:40. He also saw that a person was lying. He further stated that he thought that the person might be under the influence of liquor and as such without looking at him, he proceeded further. The record includes the tracker dog identifying the applicant. It also reveals 2 that the blood stained clothes of the applicant are seized. Perusal of the record shows that there is enough prima facie material against the applicant. Learned Counsel for the applicant submits that the evidence is too short to connect the applicant. It is not in dispute that for consideration of the application for grant of bail, prima facie material is to be considered and at this stage in-depth assessment of evidence is not expected. The prima facie material shows the involvement of the applicant. In the result, the application is rejected. JUDGE *rrg.