1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1789 of 2010 Smt. Indubai Gajanan Parekar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Nandura, Khamgaon, Dist. Buldhana Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.N.Patil, Advocate for the applicant. Mr. A.S.Parihar, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 16 th Novem ber , 2010 . Heard. This is an application filed by the applicant for grant of pre-arrest bail in Crime No. 38/2010 registered at Police Station, Nandura, Dist. Buldhana, for the offence punishable under Section 302 r/w Sec.34 of Indian Penal Code. Mr. Patil, learned Advocate for the applicant states that the applicant is a lady and the role attributed to the applicant is that she caught hold the victim while the main assailant Gajanan inflicted knife blows. Mr. Parihar, learned APP for the respondent/State has filed reply and opposed the application. I have gone through the reply. It is stated in the reply that the offence is a serious one and the applicant helped the main assailant by caught holding the victim. There are also the statements to show that the applicant was present on the spot and the role attributed to the applicant is also stated in the statement of the witnesses. An apprehension is also expressed by learned APP that the applicant will not be available for investigation and she may tamper 2 with the prosecution evidence. Learned APP, therefore, prayed for rejection of the application. Learned Advocate for the applicant submits that the applicant is a lady and she is behind the bars from date of her arrest. According to him, it is not the case of the prosecution that there is anything to be recovered at the instance of the applicant. The investigation is complete and the charge sheet has already been filed. The applicant is resident of Wadi Mahalungi, Tah. Nandura and there is no chance that either she will leave the place or will not be available for investigation to the investigating agency. Learned Advocate further submitted that the applicant is ready and willing to cooperate with the investigating agency and to abide by the conditions, if any, imposed by this Court. Considering the submissions of learned Advocate for the applicant, in my opinion, prima facie case is made out by the applicant for grant of bail to the applicant. The apprehension expressed by the APP can be taken care of by putting the applicant on conditions to secure her presence. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. a] The applicant to cooperate with the investigating agency and attend the police station, Nandura, Dist. Buldhana as and when called by the police. b] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. 3 c] The applicant to submit her residential address and her contact numbers such as phone/mobile numbers to the investigating agency. d] In case the applicant is moving out of the area of police station, Nandura, she shall inform the police station about her visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Criminal Application is disposed of. JUDGE Diwale