Cri. Apln. No. 2271/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2271 OF 2011 1. Kiran s/o. Maktya Wasave, 2. Ramesh Sampa Wasave, 3. Kisan Khujala Wasave, 4. Nana Rajya Wasve, All above R/o. Kankalmal, Tq. Akkalkuwa, Dist. Nandurbar. 5. Bahadursing Mirya Wasave, R/o. Bharudipadar, Tq. Akkalkuwa, Dist. Nandurbar. ....Applicants. Versus The State of Maharashtra ....Respondent. Mr. R.S. Shinde, Advocate for applicants. Mr. S.G. Nandedkar, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 20th June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 12/2011 registered in Molgi Police Station, Tq. Akkalkuwa, Dist. Nandurbar for offences under sections 302, 363, 364, 34 etc. of the Indian Penal Code. The APP has made papers of investigation available for perusal. Both the sides are heard. Cri. Apln. No. 2271/2011 2 2. The crime is registered on the basis of report given by the father of deceased Umesh Padvi. He had first given missing report on 8.3.2011 and subsequently he gave report against the present applicants on 24.3.2011. The deceased Umesh had left home on 4.3.2011 to attend a Yatra. The papers of investigation show that the deceased had an affair with a girl from village Kankalmal, Taluka Akkalkuwa. It is contended that the present applicants are relatives of this girl and they were against this affair. 3. The girl gave statement to the police on 12.3.2011. The statement shows that on 4.3.2011 after 8 p.m. she was in the company of deceased and Police Patil of her village had noticed them together. The Police Patil scolded them, but he had allowed them to leave the spot. She has contended that some persons came on motorcycle and after seeing them, the deceased ran away and after that he was not seen. She has contended that subsequently she had contacted the deceased on his phone and he had informed that he was at Kolvi. She could not contact the deceased on next day and subsequently when she attempted to do so. Her supplementary statement was recorded in which she stated that one Ramya Tembrya Wasave had taken the deceased with him at his house and the deceased was assaulted by Ramya and others. She could not identify others as there was no facility of electricity in that house. Cri. Apln. No. 2271/2011 3 4. In the report the father of deceased has expressed suspicion that as the applicants were against the aforesaid affair, they might have finished the deceased. The papers of investigation show that the dead body was subsequently discovered, but not at the instance of the applicants. The papers of investigation show that panchanama of house of Ramya was prepared, but nothing is recovered at the instance of any of the applicants and at present there is nothing collected against the present applicants except the suspicion expressed by the father of the deceased. The APP submitted that investigation is still in progress. In any case during last two months applicants are behind bars and police could not collect material against the present applicants to show that the deceased was seen in the company of the applicants. The supplementary statement is directly against Ramya Tembrya Wasave. In view of these circumstances, this Court holds that this is a fit case to grant bail. So, the order. (1) The application is allowed. Applicants are to be released on bail on furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand) by each of them and they are not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2271/11