1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1591 of 2010 Satyanarayan Mallaiya Soyam ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Reguntha, Tah. Sironcha, Dist. Gadchiroli. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. M.A.Bapat, Advocate for the applicant. Mr. A.S.Parihar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 22 th Octo ber , 2010 . Heard. This is an application filed by the applicant for grant of regular bail in Crime No. 192/2010, registered with Police Station, Reguntha, Tah. Sironcha, Dist. Gadchiroli for the offences punishable under Sections 302 r/w Sec.34 of Indian Penal Code. It is the case of the investigating agency is that the dead body one Gosai Nannaya Kulmethe was found in a stream and therefore, accidental death came to be registered vide A.D. No. 3/2010. On conducting further investigation, it is revealed that deceased Gosai Kulmethe was murdered and three accused persons are involved in the said crime. The present applicant is one of them. Learned Advocate for the applicant has submitted that the applicant is not involved in the said crime and the applicant is involved in a false case. Learned Advocate further submitted that except suspicion, there is no material against the applicant. Learned Advocate also submitted that the applicant is the only bread winner of the family. Therefore, learned Advocate has prayed for grant of bail to the applicant. 2 Learned APP has filed reply and strongly opposed the application. Learned APP has also produced before the Court the material collected during the investigation. Learned APP submitted that the offence is serious one and the investigation is in progress. Learned APP also expressed apprehension that if the applicant is released on bail, he may tamper with the prosecution evidence and pressurizing the witnesses. He, therefore, prayed for rejection of the application. Perusal of the reply shows that there is mention of applicant in the form that the applicant was seen when the quarrel took place between the victim and the accused persons. Perusal of record show that there is no mention of the applicant in the statements of the witnesses. The record do not disclose the material to connect the applicant, at this stage, with the present crime. In my opinion, a case is made by the applicant for grant of bail. The apprehension expressed by learned APP can be taken care of by imposing certain terms and conditions on the applicant. Learned Advocate for the applicant submits that the applicant is ready to cooperate with the investigating agency. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Reguntha, Dist. Gadchiroli every 1st and 3rd Sunday between 9.00 a.m. to 12.00 noon, till filing of the charge sheet and thereafter as and when called by the police. b] The applicant shall not tamper with the prosecution 3 evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. c] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Reguntha, 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. Criminal Application (APPP) No. 972/2010 In view of the order passed on the Cri. Application No. 1591/2010, the present application has become infructuous. Hence, Cri. Application (APPP) No. 972/2010 is disposed of as infructuous. JUDGE Diwale