1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3011 of 2009 Dipak, Tulshiram and Santosh 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 N.B. Kalwaghe, Adv for applicants Mr A. Parihar, APP for State Coram : A.P. Bhangale, J Dated : 13th August 2009 1. Heard learned counsel for the parties. Applicants are seeking anticipatory bail in Crime No. 50/09 registered with Police Station, Dongaon, Tahsil Mehkar, District Buldana under Sections 363, 366 read with Section 34 of the Indian Penal Code. 2. Applicant no. 1 is son and applicant no. 3 is son-in- law of applicant no.2. It is alleged that Vilas (son of applicant no.2) has kidnapped Bharti, aged about 16 years, daughter of complainant. Learned counsel for the applicant submits that for the alleged incident of 9.7.2009, report has been lodged on 18.7.2009 and that applicants’ custodial interrogation will not subserve any purpose as they do not know the whereabouts of 2 Vilas. 3. Learned Additional Public Prosecutor, on the other hand, while opposing bail application strenuously contended that it cannot be assimilated that applicant no.2 who is father; applicant no.1 who is brother and applicant no. 3 who is brother-in-law of Vilas, do not know the whereabouts of Vilas. He contends that unless custodial interrogation of the applicants is made, whereabouts of Vilas who has enticed a minor girl and kidnapped her, will not come to the fore. 4. It is borne out during the course of hearing that Vilas is already a married person, having his wife and a daughter. In view of this, it cannot be prima facie believed that the applicants would hide the whereabouts of Vilas. Moreover, in order to show their bonafides, applicants have supplied cell phone number of applicant no.1 as 9822745634 and that of Vilas as 9689501950. It is reported that applicants no. 2 and 3 do not have cell phones or land lines. Investigating officer can very well seize cell phone of applicant no.1 to verify about contacts, if any, he has had with Vilas hitherto. In view of all these facts and circumstances, in my opinion, applicants deserve to be granted anticipatory bail on certain terms and conditions. 5. In the event of their arrest in Crime No. 50/09 registered with Police Station, Dongaon, Tahsil Mehkar, District Buldana under Sections 363, 366 read with Section 34 of the Indian Penal Code, applicant be released on anticipatory bail upon their executing PR Bond in the sum ofRs. 25,000/- each 3 with one or more sureties in the like amount. Applicants are directed to attend Investigating officer as and when call and they will extend full cooperation to the I.O. to find out whereabouts of absconding accused and girl Bharti. Whenever they get any clue as to the whereabouts of Vilas and/or Bharti, they will immediately get in touch with I.O. and apprise him of the information gathered by them. Applicants shall not tamper with prosecution evidence in any manner. They shall leave their permanent address with telephone number/cell phone number, if any, with the Investigating Officer. Application stands disposed of accordingly. Hamdast granted. Judge. Hsj