IN THE HIGH COURT OF JUDICATURE TA BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.372/2008 Anil Ingle ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:21.2.2008 Heard Kalwaghe, Advocate for applicant and Mrs. Wasnik, A.P.P. for state. This is an application u/s 439 of Cr.P.C. for grant of bail. Applicant is facing prosecution for the offences punishable u/s 302, 201, r/w 34 of IPC in Crime No.198/07 of P.S. Buldhana, registered upon complaint of one Vinayak Hade. It is contended by the learned counsel for the applicant that the other two accused who are main accused in the present application have been released on bail by this court vide order dated 20.2.2008 in Cri. Application no.314/2008. It appears that in the present case the case of the prosecution was that the deceased was last seen together with the applicant and those accused on 4.8.2007 at about 1.30 p.m. Dead body of the deceased was found on 5.8.2007 in the morning at about 8.00 a.m. There is no evidence as regards the fact that death had occurred immediately after the deceased was last seen together in the company of the accused. Apart from this, it is pointed out that other accused, have been released on bail, though there were some recoveries from them, and in the case of the present applicant, there is no such recovery. In these circumstances, the applicant would be entitled for bail. Applicant be released on bail on furnishing surety and PRB of Rs.15000/- subject to conditions that he shall attend the trial regularly and shall not commit any offence. Bail in lower court. It is made clear that the above observations are in prima facie view of the matter and they shall not influence the trial Judge in any way while deciding the mater on merits. Hamdast granted. JUDGE smp.