1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 3496 OF 2009. (Salim Khan Mehmood Khan .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri V.P. Vaidya, Advocate for the applicant. Shri C.N. Adgokar, APP for the respondent/State. CORAM : A.P. BHANGALE, J. 15TH JANUARY, 2010. Heard. The applicant prayed for grant of bail in connection with Crime No.554/2007 registered with the Police Station, Wardha on 24th December, 2007 in respect of the incident of alleged murder. The learned Counsel for the applicant, in the light of the material collected during the investigation, submitted that at the most the applicant may be involved in connection with destruction of evidence punishable under Section 201 of the Indian Penal Code, which is bailable offence. The Court below had refused to grant benefit of bail on the ground that there is possibility of tampering with the prosecution evidence but granted bail to the co-accused. In these circumstances, the applicant is ready and willing to abide by the conditions that may be imposed upon him 2 and will attend the trial. Learned APP could not point out any material collected during the investigation for to prima facie believe the involvement of the accused in the offence of murder. The material which is pointed out may involve the accused in the offence punishable under Section 201 of the Indian Penal code which is bailable offence. The learned Counsel for the applicant also by making reference to the judgment of Delhi High Court in the case of Dharambir @ Pappu .v. State (reported in 2007(1) Crimes 379) states that if the involvement of the applicant is under Section 201 and not under Section 302 of the Indian Penal Code then it may be considered as a fit case for grant of bail as held in the said judgment. Considering the submissions as also ruling cited, I am inclined to grant conditional bail in favour of the applicant. The applicant be released on furnishing PR bond of Rs.30,000/- with two or more sureties in the equal amount provided further that the applicant shall attend trial on each date of hearing. The applicant shall not tamper with the evidence in any manner whatsoever. The applicant shall not commit any offence while on bail. The applicant shall inform his fixed address with telephone/cell numbers to the Investigating Officer and also to the Presiding Officer of 3 the trial Court. Criminal Application is allowed in aforesaid terms. JUDGE *rrg.