1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 165/2011 ( Pintu s/o Nilratan Roy .vs. State of Mah. Through PSO PS Ramnagar, Chandrapur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. S.V. Sirpurkar, advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 08, 2011 Heard. The submission of the learned counsel for the applicant that the claim staked by the victim qua the role allegedly played by the applicant is against the tune of probability factor, is found supported even after perusal of the case diary and further affidavit filed by the I.O. as the same reveals of investigating agency during the investigation had not traced out any video recording of the incident being made i.e. by the applicant as alleged by the victim. Thus considering the character of prosecution material regarding the offence allegedly committed and having due regard that the applicant is not the main accused in the crime alleged and the investigation being complete, the prayer for bail made in connection with Crime No.206/2010 registered with Police Station Ramnagar, Chandrapur for offence under Sections 376 (2)(g) and 506 of IPC will deserve consideration. Needless to add that the same will 2 deserve consideration in view of prima facie there being paucity of material connecting the applicant with the offence of gang rape. However, having due regard to the facts and circumstances relating to the crime committed and the offence being committed against the woman, it will be necessary to impose certain conditions for ensuring a fair trial. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.50,000/- (Rs. Fifty Thousand ) with one surety in like amount and subject to the conditions that applicant - (i) after his release on bail, shall stay out of Chandrapur city 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 said local Police Station within whose jurisdiction he would be staying on every Monday in between 11 & 1 p.m. for a period one month and thereafter on first Monday of every month until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iii) shall not commit any offence while on bail. Liberty to the applicant to apply for relaxation of the conditions. The application stands disposed of. JUDGE halwai