1 ba657.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.657 OF 2011 (PRAFULLA NARAYAN SHAMKUNWAR//VS// STATE OF MAH. THR. PS. AMGAON) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.M.Daga, Advocate for Applicant. Mr. S.S.Doifode, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 14, 2011. Heard both sides. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail who has been chargesheeted before Sessions Court, Gondia for commission of the offence punishable under Sections 302, 376(2) (g), 201 read with Section 34 of the Indian Penal Code. On 28.02.2011 one girl by name Sunita was done to death. The autopsy reveals that the cause of death was strangulation. The doctor also expressed opinion that there might have been sexual intercourse with the girl before she was strangulated. The evidence collected by the prosecution is circumstantial in nature. One Bansi and Hemraj, who are neighbours of the deceased, were arrested. During investigation it is revealed that they both run a shop of illicit liquor and many persons visit their house to consume liquor. The police should collect evidence to show that Vijay, Sanjay, Prafull and present applicant had visited the house of Hemraj Thakre on the noon of 28.02.2011. The learned Additional Public Prosecutor invited my attention to the statements of Lokram, Nirmalabai, Bapuram, Tulshiram and Kamlesh. 2 ba657.11 The statements of Lokram and his wife did not show that they saw any of the accused entering the house of the deceased. The statement of Tulshiram and Kamlesh also do not show that they have seen any of the accused entering the house of the deceased. On the contrary what is appearing from the statements is that because Hemraj Thakre was distilling the liquor and selling it, number of persons used to visit his house to consume liquor. Seizure of blood stained baniyan after seven days of the incident is other circumstance relied upon by the prosecution. This appears to have no connection with the offence. Considering the state of evidence the application is allowed. The applicant/ accused is directed to be released on his executing P.R. Bond in the sum of `fifty thousand with two sureties in the like amount. JUDGE RR..