1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2206 of 2009 Ramesh Jagayya Shivrala Vs. 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. D.P. Thakare, APP for State Coram: A.P. Bhangale, JJ Dated : 28th July 2009 1. By this application, applicant prayed for grant of bail in connection with F.I.R. No. 2 of 2009 reported at Tekda Police Station, Camp-Bamni, District Gadchiroli on 11-2-2009 under Sections 302, 143, 147, 148 r/w 149, Indian Penal Code and Section 135 of Bombay Police Act. In respect of incident which occurred on 11-2-2009 at about 9.00 a.m. When one Rajesh Durgam was assaulted, after some persons had surrounded him and then assaulted by knife. The F.I.R. was reported against nine persons. The learned Advocate for the applicant pointed out in the F.I.R. only active role attributed by the first informant to the present applicant is that he had held legs of the deceased but this version by the first informant is not corroborated in any of the statement of alleged eye witnesses mentioned by the prosecution as Ramaiyya Mendhi, Devaji Mendhi, Bapu Mendhi, Brahmaiyya Mendhi and Sadanand Shivrala, Laxmi Chndramukhi. All these eye witnesses in their statement did not attribute any active role to the applicant in the alleged incident of murder. 2 2. Learned Additional Public Prosecutor do not dispute this contention and stated that only Sunita first informant had attributed role to the applicant to the effect that he held legs of the deceased. The Post Mortem Note indicated deceased died due to stab and incise wound towards legs etc. No active role is attributed to the applicant that he was holding any weapon such as knife. Under these circumstances since charge sheet is already filed on 26-4-2009 and considering that further according to learned Advocate the applicant is an agriculturist and responsible citizen working as President of ‘Tantamukti Organisation’ of village Glassfordpetha, Taluka Sironcha, District Gadchiroli and that he has to support his wife and two children. I am inclined to accept plea for bail. 3. Considering these circumstances, though accusations are serious in nature but material collected during investigation do not implicate the applicant positively ( except statement of first informant ), I am inclined to grant conditional bail to the applicant. Hence the order. The applicant be released upon executing personal bond in the sum of Rs.25,000/- ( Rs. Twenty five thousand ) with surety in the like amount in Crime No. 2/2009 reported at Tekda Police Station, Camp-Bamni, District Gadchiroli under Sections 302, 143, 147, 148 r/w 149, Indian Penal Code. Provided further that the applicant shall not communicate any witnesses concerned with the case. The applicant shall not tamper with evidence in any manner. The applicant shall supply his fixed address with phone number, if any, to the Investigating Officer and to the trial Court. 3 The applicant shall not commit any offence during pendency of case. The applicant shall attend on each date of hearing in the trial Court. Judge. PMA