1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4529 OF 2009 Raju @ Rajiv S/o.Digambar Kulkarni, Age-27 years, Occu-Agri. And Education, R/o.Bori (Bk.) Tq. Kandhar, Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through its Police Station, Kandhar, Tq.Kandhar, Dist. Nanded RESPONDENT Mr.H.I.Pathan, learned counsel for applicant. Mr.N.B.Patil, learned counsel for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for bail in connection with CR No.168/2009, registered in Kandhar Police Station for an offence punishable u/s. 307 r/w. 34 of IPC. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP appearing for State. Also perused the papers of investigation till carried out. 2 3. The papers of investigation discloses that the said offence came to be registered on the basis of complaint of one Nagnath about the incident occurred on 25/11/2009 at around 1.00 a.m. in the mid night. According to the complainant, as per the disclosure that he was taken to the field by his wife under the pretext that she has to go to attend the nature’s call. When he was on the backside of his house, 3 unknown persons attacked on him and strangulated his neck with nylon rope. According to him, on inquiry with his wife, his wife told him that she had illicit relations with the present applicant and at her instance, the present applicant and others have attacked on the complainant. In this connection, the applicant was arrested on 29/11/2009 from village Bori Bk. while this incident took place at Kagnewadi which is at the distance of 17 kms from the said Bori Bk.. 4. During the course of submissions, according to learned counsel appearing for the applicant that there is no material collected against this applicant even though he is in custody for more than 40 days. According to learned counsel, he had no relations of whatsoever nature with the wife of complainant, and he is falsely implicated in the present case. 5. Perusal of the papers of investigation in the light of these submissions, and the submissions of learned APP across the bar, the fact remains that even though the applicant is in custody since 29/11/2009. Till today the evidence collected against the applicant is the statement of co-accused i.e. wife of the complainant, and if 3 during the period of custody of this applicant, no any evidence is collected against the applicant and others, statement of co-accused which in legal terminology called the statement of accomplice, a case is made out to enlarge the applicant on bail by putting certain conditions. Hence order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant not to enter in village Kagnewadi, Tal.Kandhar, Dist. Nanded. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4529-09