1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1541 of 2010 Bharat Dyanoba Rahulwar ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Jiwati, Dist. Chandrapur. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.R.Wagh, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 26 th Octo ber , 2010 . Heard. By this application the applicant is seeking regular bail in Crime No. 7/2010, registered with Police Station, Jiwati, Dist. Chandrapur for the offences punishable under Sections 363, 201, 120(B) of Indian Penal Code. In the report lodged by Smt. Laxmibai, the mother of victim girl, with police station, Jiwati, it was reported that her daughter namely Ku. Sonu Keshao Lingampalle has been subjected to sexual exploitation. Initially a missing report was lodged to the Police Station on 14/4/2010 and thereafter, the dead body of the victim girl was found on next day. A further complaint was lodged with the police station on 15/4/2010 alleging murder of the victim girl by her mother. Learned Advocate for the applicant submitted that there is no evidence against the applicant and he is falsely involved in the said offence only on the ground of suspicion. Learned Advocate, therefore, prayed for grant of bail to the applicant. Learned APP has filed reply and opposed the application. 2 Learned APP has also produced record before the court for perusal. Perusal of the record show that the investigating agency has collected material including the statement of the witnesses. In the statements of the witnesses, it is stated that the applicant was found present on the day of the incident at the spot. It is stated that the applicant was plying auto rikshaw. As there were no relevant documents available with the applicant, he approached to his cousin brother for purchase of auto rikshaw. The auto rikshaw was purchased with the assistance of the brother of the applicant and the auto rikshaw was being plied by the applicant. Learned APP submitted that the offences are serious in nature. Learned APP also expressed an apprehension that if the applicant is released on bail, he may not be available for further investigation. It is further submitted by learned APP that initially, the applicant approached the learned Sessions Court, Chandrapur for grant bail. Learned Sessions Judge found that there is enough material against the applicant and accordingly rejected the application. Learned APP submitted that there is no change in the circumstances. In view of above, I find that there is prima facie material available with the investigating agency against the applicant. The apprehension expressed by learned APP is justified. Therefore, I am of the opinion that, this is not a fit case to enlarge the applicant on bail. In the result, the application is rejected and disposed of as such. JUDGE Diwale