1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 129 /2010 [ Mahesh alias Suresh Ingale vs. State of Maharashtra] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Firdous Mirza, Adv. for applicant Mr S B Ahirkar , APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 18, 2010. Heard. 2 The applicant, by means of this application, prays for grant of bail in connection with Crime No 89/2009 reported at City Kotwali Police Station for offence punishable under section 302 IPC on 27.6.2009. Accusations against the applicant are serious. It is alleged that he had a love affair with one Mona @ Kalpana, aged about 19 years. He used to thunder that nobody shall marry with Mona except him and and did not allow engagement of Mona with anybody else. Thus, he prevented her engagement. On the day of incident on 27.6.2009, at about evening time, when deceased Munna who was close relative of Mona, had slapped her on the pretext that as to why she did not perform work in house, at that time, the applicant went there, armed with knife challenged Munna Thakur as to why he had assaulted Mona and then stabbed in the stomach region. In the result, Munna Thakur sustained serious injuries 2 as a result of stab injury and died. It appears that in the course of investigation, the statement of Mona was recorded, who appears to have stated that applicant had taken out knife from his pocket and stabbed Munna Thakur in the stomach region from right side and ran away. There are statements of other eye witnesses who imputed an active role to the applicant that he had stabbed Munna Thakur in the stomach region. It is also argued by the learned APP that the weapon of offence was recovered at the instance of the applicant in the course of investigation. 3 Learned Advocate for the applicant argued that it is a single blow case and the applicant may not be punished ultimately for offence of murder and, therefore, he may be granted bail assuming for the sake of arguments that eye witnesses are telling nothing but the truth. 4 It does appear from the post-mortem report that it was a stab wound described as 6 cm x 3 cm. causing protrusion of large intestine mentioned as cause of death. Considering the fact that the applicant is residing in the same area where the witnesses are residing as also serious accusations against the applicant and possibility of the applicant tampering with prosecution evidence, if released on bail, I decline to grant bail. Furthermore the information furnished by him regarding his fixed address mentioned as R/o Old Alsi Plots, Akola Dist. Akola appears insufficient to assure his presence at the time of 3 trial. For the reasons mentioned herein-above, the application for bail is rejected. However, the trial Court shall endeavour to dispose of the sessions case as early as possible. JUDGE sahare