IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.942/2008 Sukhdeo Acharkate and another ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:25.4.2008 Heard Mr. Tathod, Advocate for the applicant and Mr. Patel, A.P.P. for state. This is an application u/s 439of Cr.P.C. for grant of bail. Applicants have been arrested for the offences punishable u/s 376, 506, 363, 366, 354, 341, 342 r/w section 34 of IPC and section 3 & 4 of the Scheduled Castes & Scheduled Tribes [Prevention of Atrocities] Act, arising out of crime no.137/2007 of P.S. Manora. Allegations against the applicants are serious. Learned counsel for the applicant has produced one document on record which is alleged to be the statement of Sudhakar Bhagat which was recorded on 6.11.2007 at P.S. Manora. In that statement it is recorded that all of them were present before the police and police had enquired with prosecutrix and she told that no such incident had occurred and she does not identify these three persons. Said statement was signed by one Athawale, Annaramji Bhagat and Archana Bhagat. It is signed by the maternal uncle of the prosecutrix as well as uncle of the prosecutrix. The prosecutrix has also signed the said statement. it is recorded before the P.S.I. Dobade at 5.30 p.m. on 6.11.2007. Learned A.P.P. contended that all these persons have made statement before police later, about the incident and the said statements including statement of prosecutrix are incriminating to the present applicants. Considering the fact that on 6.11.2007 the statement of prosecutrix as well as the brother of prosecutrix was recorded before P.S.O. Dobade, which is also signed by material uncle and paternal uncle of the prosecutrix to the effect that no such incident had occurred, at this stage bail cannot be refused to the applicants. No doubt all these matters will have to be left to be decided in the trial, but fact remains that with such document on record, reliability of the prosecution witnesses is shaken. In these circumstances, application will have to be allowed, however, bail would be subject to conditions. Each of the applicants be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that they shall not directly or indirectly tamper with the prosecution evidence and shall attend trial regularly and shall report P.S. Manora on first Sunday of each month between 1.00 to 2.00 p.m. until further orders Application stands disposed of. It is made clear that above observations are in prima facie view of the matter; the same shall not influence the trial court while deciding the matter on merits. JUDGE smp