1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3153 of 2009 Sachin v. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.M. Daga, Adv for applicant Mr A. Parihar, APP for State Coram: A.P. Bhangale, J Dated : 15th September 2009 1. Applicant is seeking bail in Crime No. 4/09 registered with Police Station, Ram Nagar, Gondia under Sections 147, 148, 302, 452 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Arms Act. Heard learned counsel for the applicant and learned Additional Public Prosecutor for State. 2. Learned counsel for applicant contends that statements of witnesses during the course of investigation would reveal that participation of applicant in an offence punishable under Section 302 IPC is not made out. He further submits that on the basis of last-seen-together theory bail cannot be refused to him as Guddu, husband of complainant was brought back in the evening at about 07.00 pm. and thereafter in the midnight, accused Nikki Gedam alone had gone to the house of deceased. 4. Learned APP opposed the bail application contending that 2 applicant and his associates had hatched criminal conspiracy and killed Guddu by means of sharp weapons. According to learned APP, Guddu was running tea stall at Railway Station and under the influence of liquor, he used to threaten other vendors and was extracting money from them. He contended that in order to get rid of Guddu, he was eliminated. 5. Statements of alleged eye witnesses are recorded in May 09 in respect of the alleged incident having taken place in February 2009. Moreover, some of the accused have been released on bail pending trial. It is also informed that charge-sheet has already been filed in the matter. In view of these facts, in my opinion, applicant deserves to be granted bail. 6. Applicant be released on bail upon furnishing PR Bond in the sum of Rs. 20,000/- with one or more solvent sureties in the like amount. Applicant shall date each date of hearing in trial and shall not try to tamper with prosecution evidence in any manner. Applicant shall leave his permanent address along with telephone/cell phone number, if any, with the trial Court and shall informed change therein if any, in future. Application disposed of. Hamdast. Judge. hsj