Cri. Appln. No. 3295/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3295 OF 2011 Sandeep s/o. Vasanta Jamdade, R/o. Wakodi, Tq. Kalamnuri, Dist. Hingoli. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. Sachin Deshmukh, Advocate for applicant. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 9th August, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 16/2011 registered in Kalamnuri Police Station, District Hingoli for offences punishable under sections 302, 376, 363, 366 (A) r/w. 34 of IPC. The papers of investigation were made available. Both the sides are heard. 2. The advocate for the applicant submitted that he is arguing for bail on the ground of parity also as in Criminal Application No. 2579/2011 this Court has granted bail to Avinash Paikrao and the case of the applicant is similar to the case of Avinash. 3. The crime is registered on the basis of report given by father of deceased. Deceased was aged about 16 years and she was in the Cri. Appln. No. 3295/11 2 company of Panchaphula on 5.2.2011. On that day only Panchphula returned and during inquiry she initially did not disclose the incident to anybody. Subsequently she disclosed that present applicant and his associate Avinash had forceably taken the deceased towards big cement pipe and she had not returned from there. One lady had seen the applicant and his associate near the canal on that day, but she had not seen the deceased in their company. Most of the statements are on the basis of information which was allegedly given by Panchaphula and now Panchaphula is made accused by police. Some stains were collected form the vicinity of the pipes and stains are sent to CA office. The cause of death is said to be asphyxia due to drowning. One minor injury like abrasion was found on right cheek. In view of these circumstances, this Court holds that the applicant cannot be kept behind bars till the disposal of the case, which may filed against him. 4. So the application is allowed. The applicant is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) in Cr. No. 16/2011 registered in Kalamnuri Police Station, District Hingoli for offences punishable under sections 302, 376, 363, 366 (A) r/w. 34 of IPC. He is not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/ca3295.11