1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1545 OF 2010 Dada Trimbak Hirave and another. ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.N.V. Gaware, Advocate for applicants. Mr.D.V. Tele, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 30th April, 2010. PER COURT : 1. Heard Mr.N.V. Gaware, learned counsel for applicants and Mr.D.V. Tele, learned A.P.P. for respondent. 2. This is an application preferred by applicant nos. 1 and 2 seeking bail in connection with C.R. No.I-95/2010 registered with police station, Shrigonda, Dist.Ahmednagar for the offence punishable under Section 302 of Indian Penal Code, since they have been arrested on 25th March, 2010 and they are under judicial custody presently. 3. At the outset, after hearing arguments of learned counsel for the parties extensively, Mr.N.V. Gaware, 2 learned counsel for applicants, on instructions, requested to withdraw present application to the extent of applicant no.2 namely Laxman Dattu Kandekar. 4. In view of the said submission, present application stands dismissed as withdrawn in respect of said applicant no.2-Laxman Dattu Kandekar. 5. As regards the present application in respect of applicant no.1 namely Dada Trimbak Hirave, it appears that offence has been registered on the report lodged by complainant namely Raju Ambadas Khambkar on 23rd March, 2010 in respect of occurrence of incident in the night hours on 22nd March, 2010. Admittedly, complaint has been filed against unknown persons and prosecution case is rested upon circumstantial evidence. On perusal of the investigation papers and after considering the rival submissions advanced by learned counsel for the respective parties, it is apparent that prima facie, there is no incriminating evidence against applicant no.1 namely Dada Trimbak Hirave to connect him with the alleged crime. Hence his application for bail needs to be considered, since he is in custody from last more than one month and therefore, there is no propriety in keeping applicant no.1 in custody furthermore. 6. In the result, present application is partly allowed in respect of applicant no.1 namely Dada Trimbak Hirave and it is directed that the said 3 applicant no.1 be released on bail in connection with C.R. No.I-95/2010 registered with police station, Shrigonda, Dist.Ahmednagar for the offence punishable under Section 302 of Indian Penal Code, on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the following conditions : (a) Applicant no.1 shall attend the concerned Police Station, on written intimation, as and when required till filing of charge sheet and shall co-operate with the investigation. (b) Applicant no.1 shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. 7. Present criminal application no.1545/2010 in respect of applicant no.2-Laxman Dattu Kandekar stands dismissed as withdrawn, as aforesaid. (SHRIHARI P. DAVARE) JUDGE gas/cri1545.10