1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1939/2010 (Ajitsingh Tejnarayansingh .vrs. 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 Mr. R.S. Thakur, Advocate for applicant, Mr. J.B. Jaiswal, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : JANUARY 19, 2011 Heard. Having regard to the ratio in the judgment in a case of Shashikant Ramhari Tambe and others .vrs. State of Maharashtra, reported in 2008 ALL MR (Cri) 2132 delivered on the basis of the observations made by the Apex Court in a case of Mukesh Kumar Saini .vrs. State (Delhi Administration) reported in 2002 ALL MR (Cri) Journal 41 and after perusal of the diary, there appears substance in the submission of the learned counsel for the applicant that the case of the applicant is covered within the said judgment as in the instant case also diary prima facie does not reveal that of there is specific allegation regarding act committed by the applicant i.e. the abuses precisely given by him to the 2 victim regarding the caste. In view of the same, the applicant deserves to be released on bail. However, in view of the apprehension expressed by the learned APP, it will be necessary to put the conditions. Hence, the order : The applicant is directed to be released on bail in connection with Crime No.145/2010 of Police Station, Kanhan for offence under Sections 143, 294, 506 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 upon furnishing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in like amount subject to the conditions that applicant - (i) shall not enter within the jurisdiction of Kanhan Police Station and/or should not indulge in any activity of coming into contact of the first informant and any other prosecution witnesses; (ii) shall file an affidavit giving the details about the place at which he would staying after his release on bail and shall not leave the same without the permission of the court; (iii) shall attend the investigating officer in between 11.00 am to 2.00 pm on every day and, thereafter, on every alternate day for next 15 days and, thereafter, on every Monday till filing of the chargesheet, (iv) shall not, directly or indirectly, make any 3 inducement, threat or promise to any person acquainted with the facts of the accusation levelled against him so as to dissuade him from disclosing such facts to the Investigating Officer; (v) shall not commit any offence while on bail. The application stands disposed of. In view of disposal of Criminal Application No. 1939/2010, Criminal Application Nos.1177/2010 and 1180/2010 also stand disposed of. JUDGE Gulande