IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLCIATION NO. 717 /09 [Ashish Tadas..vs.. State ] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 13 th APRIL, 2009 Heard Shri Sirpurkar, Advocate for applicant and Shri Sonare, A.P.P. for state. Applicant is accused of offence punishable under section 363, 366-A, 376(g), 302, 201, 120-B of I.P.C. of P.S. Warora, District : Chandrapur, in Crime No. 4/2009. Initially the offence under section 304-A of I.P.C. was registered. Later on, on the report of mother of the deceased said offence was converted into the aforesaid offences. Learned A.P.P. has opposed the bail. It is stated that in this case the investigation is in progress and it can not be said that there is no evidence against the applicant at all. According to the State the matter dependes on circumstantial evidence and the accused – applicant was last seen in the company of the deceased Archana. C.A. Report is awaited and despite sufficient time the C.A. report is not produced on record. No doubt the offences alleged against the applicant are serious, but in the facts of the case, it appears that earlier offence under section 304-A was registered and in fact investigated, there is nothing specific on record except the report of the complainant to show that the present accused can be held liable for the aforesaid offences. In fact the offence under section 304-A and the offences alleged against the applicant later, are quite distinctive. Merely because applicant was last seen in company of deceased, it is of no significance when offence under section 304-A was earlier alleged. There has to be sufficient evidence on record for the offences which are alleged against the applicant later on. Apart from this, even in postmortem no evidence of forcible sexual intercourse was found. In these circumstances, bail cannot be refused, but it would be subject to conditions. applicant be released on bail on furnishing surety and PRB of Rs.25000/- subject to condition that he shall report at P.S. Warora on every Sunday at 11.00 a.m. until further orders and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. Bail in trial court. Hamdast granted. JUDGE smp