1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4217 OF 2010 Rajesh s/o Arjun Jadhav .. Applicant Versus State of Maharashtra through Investigation Officer, Police Station, Mantha, Taluka Mantha, Dist.Jalna .. Respondent Mr.R.J.Nirmal, Advocate for applicant Mr.N.H.Borade, A.P.P. for respondent-State CORAM : P.V. HARDAS, J. DATE : 25th October, 2010 PER COURT 1. The applicant, who has been arrested as an accused in Crime No. 133/2010 registered by the Mantha Police Station, District Jalna for offence punishable under Sections 302, 201, 364, 323, 147, 148 and 149 of the Indian Penal Code, seeks his release on bail pending the decision of the trial. 2. A first information report came to be lodged by the wife of deceased Shankar alleging therein that the accused named in the first information report along with others had abducted her husband. Dead body of deceased Shankar came to be found subsequently. The applicant, obviously has been named in the first information report and 2 the learned Counsel for the applicant states that none of the eye witnesses to the incident have referred to the presence of the present applicant as an accused involved in the abduction of deceased Shankar. The aforesaid statement of the learned Counsel is acknowledged by the learned Assistant Public Prosecutor to be correct. The charge-sheet in the present case has been filed. 3. In the light of the fact that in the first information report the presence of the applicant is not alluded to and as none of the eye witnesses allude to the presence of the present applicant and as no weapon was found with the present applicant, I am inclined to allow this application. 4. Accordingly, the present application is allowed. Applicant is directed to be released on bail on the applicant executing a P.R. bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the trial Court on the condition that the applicant shall neither tamper the prosecution evidence nor shall he attempt to influence the prosecution witnesses. Application allowed accordingly. ( P.V. HARDAS, J.) (vvr/4217.10criappln) 3