1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (B.A.) No.265/2011 ( Prashant S/o Shalikrao Badkhal ..Vs.. The State of Maharashtra, through P.S.O., P.S. Warora, Tah. Bahadrawati, Distt. Chandrapur ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.V. Sirpurkar, Adv. for applicant. Mr. S.M. Bhagde, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATE : 23.6.2011. 1. This is an application for releasing the applicant on bail against whom the offence bearing Crime No.164/2011, under sections 364, 201 read with 34 of the Indian Penal Code is registered. 2. The incident relates to the missing of one Yogesh Shinde. From 5th of June 2010 he was found missing from his house. On 9/6/2010 missing report was lodged by his wife. On 16/10/2010, the F.I.R. was lodged against the relations of the deceased. They are original accused nos.1 to 4. 3. During the course of investigation, it was revealed that the 2 accused nos.1 to 6 (the applicant herein is arrayed as accused no.5) hatched a conspiracy to commit murder of Yogesh Shinde. In commission of offence some role is attributed to the present applicant. 4. The reply filed by learned A.P.P. is placed on the record. The case diary is also made available to the Court for perusal. Mr. S.M. Bhagde, learned A.P.P. for respondent/State, has made it clear that the evidence collected against the accused is in the form of disclosure statements made by other co-accused under section 27 of the Evidence Act. In those statements co-accused had made a reference to the name of the present applicant, admittedly such evidence cannot be considered even while framing the charge. The other piece of evidence is the disclosure statement made by the present applicant before panchas on 16/10/2010. In pursuance to this, he pointed out one mobile and the clothes like shirt and full pant which were kept in his house. The mobile was without sim card. After this recovery on 18/10/2010 statement of wife of the deceased was recorded wherein she stated that mobile carried by her husband was bearing No. 9673899736. It is surprising that when Savitri – wife of deceased lodged missing report on 9/6/2010 she did not speak of deceased carrying mobile with him. In fact, it would have been a natural conduct of any person to try to call the missing person on his mobile. 3 5. This being the state of evidence, applicant is directed to be released on bail on his execution of P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount to the satisfaction of Additional Sessions Judge, Warora. JUDGE Tambaskar.