1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1694 OF 2010 (Vasant Sonba Pawar .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.S. Bhendarkar, Advocate for the applicant. Smt. A.R. Taywade, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 26TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking regular bail for the offence punishable under Sections 366, 392, 323, 504, 506 read with Section 34 of the Indian Penal Code vide Crime No. 46/2010 registered with Police Station, Desaiganj, District Gadchiroli. Learned Counsel for the applicant submits that even bare perusal of the report dated 03.08.2010 reveals that the applicant had initiated conversations on mobile phone and he made long phone calls to the complainant. He further submits that even accepting the statements made in the report, the complainant who was threatened by the applicant, has chosen to go along with the applicant. Learned Counsel further submits that this fact itself raises doubt. It is further stated in the report that the complainant was residing for the applicant for more than two months at Goa. He further submits that in that case, the complainant would have made any grievance or she would have certainly sought some assistance. Learned Counsel for the applicant submits that the applicant is the resident of village Nimsakhara, Tahsil Indapur, District Pune and he is no way concerned either with the complainant or anybody else from the family of the complainant. Learned Counsel for the applicant further submits that the investigation is as good as complete and no fruitful purpose would be served by detaining the applicant for indefinite period. Learned Counsel for the applicant submits that the applicant is ready and willing to cooperate with the 2 investigating agency and he would make himself available as and when called by the Investigating Officer. The reply is filed by the learned APP. It is stated in the reply that except the phone calls, there is no material against the applicant. Learned APP submits that there is a recovery at the instance of the applicant. It reveals from the reply that the golden ornaments are recovered and the statements are already recorded. Learned APP fairly submits that the charge sheet is already filed which means that the investigation is concluded. As such, I am of the opinion that the prima facie case is made out. The apprehension expressed by the investigating agency can be taken care of by putting the applicant on conditions. In the result, the application is allowed. The applicant be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Desaiganj, District Gadchiroli on every 2nd and 4th Sunday between 09:00 a.m. and 12:00 noon for three months. (ii) The applicant shall not tamper with the 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) In case the applicant is moving out of the area of Police Station, Desaiganj, District Gadchiroli, 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 *rrg.