1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.709 OF 2010. GULAM NABI S/O YAAR MOHD. ANSARI VS STATE OF MAH. TRHOUGH PSO PS PACHPAOLI, NAGPUR. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R. R. Vyas, Advocate for the applicant. Shri S. S. Doifode, APP for State. Coram : A.H. JOSHI, J. Date : 08th JUNE, 2010. 1. The applicant is named in the first information report registered with Police Station Pachpaoli, Nagpur, vide Crime No,164 of 2009 under section 302, 342, 448, 452 & 34 of the Indian Penal Code. 2. One Juvenile accused Mohd. Salim Ashif Ali Ansari has been released on bail. 3. During the course of investigation, at the instance of accused, recovery under Section 27 of the Evidence Act was effected and blood stained clothes namely Shirt, Baniyan and underwear had been recovered. The prosecution has adequate evidence in its possession to support the presence and involvement of the accused in commission of offence. 4. The application for bail is pressed on the 2 ground that:- (a) There is no direct evidence or eye witness to the incident and the case is based on circumstantial evidence. (b) The accused is innocent. (c) He had arrived at the scene of offence much later and claims release on bail. 6. All that applicant claims is in the nature of defence. At this stage, there is adequate material to connect the accused with the crime. Admittedly, there was a dispute relating to property and the deceased happens to be step mother of the present accused. 7. In this background, prima facie, at this stage, it cannot be considered that the applicant is not involved in the commission of offence. The applicant is, therefore, not entitled for bail. 8. The application has no merit and is dismissed. Judge |mule|