1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.205/2011 (Uttam Nitai Sarnorkar Vs. State of Mah. Through PSO PS Chamorshi, Dist. Gadchiroli) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. V.N. Morande, Advocate for Applicant. Mr. A.S. Sonare, APP for Non-Applicant. .......... CORAM : P.D. KODE, J DATED : APRIL 26, 2011 Heard. Though prayer for bail is vehemently objected by the prosecution, the same will deserve consideration having regard to the conduct of the prosecutrix as revealed from her statement recorded during the course of investigation, the prosecution not having any evidence regarding the amount of Rs. 1 lac allegedly paid by the brother of the prosecutrix to maternal uncle to corroborate her claim and similarly chargesheet containing no independent material for supporting her claim being forcibly taken from Netaji Nagar towards Vikroli. The same deserves consideration as investigation is complete and chargesheet is already filed. However, it will be necessary to impose strict conditions for ensuring presence of the applicant at the 2 time of trial and for taking care to prevent prosecution evidence getting tampered. The applicant is directed to be released on bail in connection with Crime No. 127/2010 of Police Station Chamorshi, District Gadchiroli registered on 09.12.2010 for an offence punishable under Section 363, 366-A, 376, 384 r/w 34 of the IPC upon executing a P.R. bond in sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with two separate solvent sureties in the like amount and subject to the conditions that the applicant: (i) after his release on bail, shall stay outside Chamorshi Tahsil, Dist. Gadchiroli and shall intimate his place of abode to the Investigating Officer and shall not change the same without the permission of the Trial Court and shall also attend the local Police Station within whose jurisdiction he would be staying in between 11 am and 12 noon on every Monday until further orders, (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity of hampering the progress of the trial. (iii) shall not commit any offence while being on bail granted vide this order. The application stands disposed of. JUDGE Nikhare