(1) CRI.APP. 3356.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3356 OF 2010 Yuvraj S/o Mallikarjun Malbhage Age : 42 years, Occu.: Private Service R/o Nalegaon Road, Udgir, District - Latur .. Applicant VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent Mr. R.S. Shinde, Advocate h/f. Mr. S.S. Patil, Advocate for the Applicant Mrs. S.D. Shelke, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 13TH SEPTEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. Heard learned Advocate for the applicant and learned APP. 3. Perusal of the investigation papers would show that there is no tangible material to infer that the minor girl by name Surekha, who was allegedly (2) CRI.APP. 3356.2010 16-17 years old, was in fact taken away by the applicant on 19.3.2010. The FIR itself shows that the informant i.e. Venkat Honmane only suspected about the applicant because of the fact that said Surekha used to visit his house and was knowing him. The applicant is a married man. The informant-Venkat Honmane immediately enquired with the applicant. The angry reaction of the applicant was that if he would be asked about the daughter by the informant, then he would kill the informant. It cannot be overlooked that there is no evidence to show that on 19th March, 2010 the applicant had gone out of station and was not found. The FIR was lodged on 14.5.2010. The delay is inexplicable. There is no other circumstantial evidence to show that the applicant and said Surekha were found in company of each other at any other place in the proximity of March 19, 2010. Under these circumstances, his bail Application could not be rejected only because the girl is not yet traced out. (3) CRI.APP. 3356.2010 4. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety to the satisfaction of the Court of Sessions at Udgir and on condition that he shall attend the concerned Police Station on each Sunday between 10.00 am. to 2.00 pm. for four (4) weeks or till filing of the chargesheet, whichever is earlier. He shall not make any attempt to tamper with the prosecution witness. Sd/- [V.R. KINGAONKAR, J.] arp