1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1272 of 2010 Gabhya v. State ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr Anil S. Mardikar, Adv for applicant Mr A.D. Sonak, APP for State Coram: A.P. Bhangale, J Dated : 24th August 2010 1. Heard learned counsel for the parties. Applicant prays for grant of bail in connection with Crime No. 17/2010 registered with Police Station, Pusad City for offence punishable under Section 302 of the Indian Penal Code. 2. Learned counsel for the applicant submits that the nature of evidence against the applicant is circumstantial one and mainly based on last-seen-together theory inasmuch as the applicant was seen in the company of the deceased on earlier day of the incident. It is further contended that the applicant is innocent and he is by occupation a student who was studying in Renukadevi Arts College and if he continues to remain in judicial custody, his future may get spoiled. It is likely that he will be acquitted on merit. 3. Learned APP objects grant of bail on the ground that the applicant was seen in the company of deceased a day before the incident 2 and last-seen-together theory may implicate the applicant in a serious accusation. 4. Be that as it may, considering the nature of material prima facie, since charge-sheet is already filed and furthermore that applicant is a young person, student by occupation, I think, no useful purpose would be served by continuing his detention in judicial custody. He may be released upon certain conditions. Hence, the following order is passed. 5. Applicant be released on bail upon his executing PR Bond in the sum of Rs. 30,000/- with two or more sureties in the like amount provided that the applicant shall attend trial on each date of hearing. He shall inform his fixed address together with cell-phone/telephone number, if any, to the Court concerned as also the Investigating Officer and shall communicate change therein, if any, forthwith. Applicant shall not try to tamper with prosecution evidence in any manner. Application stands disposed of accordingly. Judge. hsj