IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.730 OF 2009 (Sonu Chouhan vs. State of Mah..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 30 th April, 2009 Heard Shri Charlewar, Advocate for applicant and Shri Sonare APP for state. By this application under section 439 of Cr.P.C., the applicant is seeking bail in crime no. 43/2008 for the offence under section 302, r/w 34 of IPC of Railway P.S. Gondia. It is informed that the other accused has not been released on bail. The case against the applicant is based on circumstantial evidence. The evidence that is pressed into service is that of recovery of blood stained clothes on the person of the applicant. On specific query it was informed that C.A. Report is received, but the blood group as regards the stains found on the clothes of the applicant and that of the deceased is not matching. No other evidence has been pointed out to implicate the applicant. In such circumstances, applicant would be entitled for bail. Applicant be released on bail on his furnishing surety and PRB of Rs.25000/- subject to conditions that he shall report at Railway P.S.Gondia on first Sunday of each month at 11.00 a.m. Until further orders and or till the trial is over and shall not directly or indirectly tamper with the prosecution evidence. Bail in trial court. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the learned trial judge in any way while deciding the matter on merits. Application stands disposed of. JUDGE SMP