1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 150/2011 (Shyamsundar s/o Deorao Naik .vs. State of Mah. Through P.S. Kuhi, Dist Nagpur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. C.R. Thakur, Advocate for Applicant. Mr. S.B. Ahirkar, APP for Respondent .......... CORAM : P.D. KODE, J. DATED : MARCH 28, 2011 Heard. The prayer for bail made by the applicant/accused charge sheeted by Kuhi Police Station as a result of investigation of Crime No. 162/2010 for offence under Sections 302, 307, 341, 324 read with 34 of IPC and section 4/25 of Arms Act is vehemently objected by the learned APP on the count that involvement of the applicant in an incident during which first informant Sanjay Dhake, one Ishwar Dhake and his son Waman Dhake were attacked by the applicant and his two companion. The learned APP by inviting the attention to the material contained in the FIR lodged by Sanjay Dhake, account of incident contained in the statements of Waman, Mahadeo, Amit and Nitesh, has canvassed that the said material in turn reveals that at 2 the time of the incident, the applicant and the other co- accused were acting in furtherance of their common intention to murder the deceased and/or the other persons who were accompanying him for taking out Soyabean crop from field to their village Sonarwahi. It is urged that considering the manner in which the incident had taken place, the applicants are not entitled for bail. Though prayer for bail is thus objected by the learned APP, who opted to argue the matter without filing reply in view of charge sheet being filed and by pointing out such material, the perusal of the material pointed from the charge sheet prima facie justifies submission of the learned counsel for the applicant that even accepting the same as it is, the same fails to reveal that at any point of time the applicant during the incident had attacked either the deceased or Sanjay Dhake or committed any other overt act signifying even prima facie that he was entertaining an intention to murder them. Having regard to the same, his further submission that the investigation being complete and both the injured and particularly Waman who was allegedly assaulted by him being out of danger and even injuries sustained by Waman being not of grievous nature; being not refuted by learned APP, the prayer for bail will deserve consideration by imposing strict conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.1,00,000/- (Rs. One lac) with two sureties in like amount and subject to the conditions 3 that applicant - (i) after his release on bail, shall not stay within the local limits of Kuhi village 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 and 1 p.m. for a period of three months 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. The application stands disposed of. JUDGE halwai