1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 2496 OF 2006 Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.K. Tiwari, Advocate for the applicants. Shri Y.B. Mandpe, APP for the respondent. CORAM : B.R. GAVAI, J. 10TH AUGUST, 2006 The application of the applicant No.2 is not pressed and as such is disposed of as withdrawn. The applicant No.1 has been arrested in connection with the Crime No. 105/2005 for the offence punishable under Sections 147, 148, 149, 302 of the Indian Penal Code. Heard the learned Counsel for the parties. It is the prosecution case that on the night of 17th April, 2005, five to six persons had broken open the door of the house of the deceased and assaulted him with sticks, iron bars etc. Accordingly, an offence under Section 324 of the Indian Penal Code came to be registered. During hospitalisation, the deceased died on 21st April, 2005 and accordingly an offence under Section 302 came to be added. 2 Shri Y.B. Mandpe, the learned APP vehemently opposes the application on the ground that the applicant has been specifically implicated by the complainant. He further submits that there is a recovery of stick at the behest of the applicant. The charge sheet is filed long back. Though the charge sheet is filed, the trial did not commence so far. In any case, the name of the applicant No.1 Bharat does not figure in the original FIR. In a subsequent statement of the complainant which came to be recorded on 23.04.2005, the name of the applicant No.1, Bharat is implicated for the first time. In that view of the matter, I am inclined to allow the application. The application is allowed. (1) The applicant No.1, Bharat Harinarayan Khobragade is directed to be released on bail in connection with Crime No. 105 of 2005 registered by the Police Station, Kamptee on furnishing his bail bond of Rs.25,000/- (rupees twenty-five thousand only) with one or more sureties in the like amount. (2) The applicant shall not enter the area of Kamptee Police Station till completion of the trial. He shall intimate his address to the Police Station Officer, Police Station, Kamptee so also the Police Station of the area in which he would reside and report to the said 3 Police Station on 1st and 3rd Sunday of every month. (3) The applicant shall cooperate with the investigation. The applicant shall not in any way make an attempt to influence the witness or tamper with the evidence. JUDGE *rrg.