1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.569/2011 Kaliram Kartik Joshi Vs. The State of Maharashtra. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 18/10/2011. Heard Mr. Sarang K. Kotwal, learned counsel for the applicant and Mr. P. D. Kothari, learned APP for the respondent. The applicant, who has been arrested on 4.8.2010 in Crime No. 81/2010 registered at Police Station, Amgaon, District Gondia for offence punishable under Sections 307, 376, 511 and 506 of the Indian Penal Code (I.P.C.) has filed the present application for bail. The Investigating Officer on 3.8.2010 after receiving telephonic information had gone to the place of incident and had seen the victim lying on the spot with bleeding injuries and her intestine had come out but she was breathing and when the Investigation Officer questioned, she had taken the name “Kali” and thereafter she was brought to the hospital. 2 According to the mother of the victim, after her daughter regained consciousness and upon being questioned, she stated that Kaliram Yadav had taken her to the forest and when he tried to commit rape on her, she obstructed to the same, upon which he assaulted her with knife on her stomach and ran away. In her statement dated 4.8.2010 recorded by the Executive Magistrate, the victim disclosed the name of the culprit as “Kalia”. Subsequently, when her detailed statement was recorded and filed on 5.8.2010, the victim has specifically stated that her neighbour Kaliram Joshi (present applicant) had forceably taken her on his bicycle and in the forest he had tried to commit rape on her due to which she hit a stone on his head. She has further stated that the applicant removed knife from his pant pocket and inflicted knife blow on her stomach and ran away and she was left at the spot. It is seen that the applicant was examined by the Medical Officer on 4.8.2010 and there was lacerated wound on his head caused by hard and blunt Object. Merely because there are discrepancies found after comparing the statement of the mother of the deceased with medical evidence and regarding the name of the assailant, I am of the view at this stage that would not give any advantage to the applicant. The charge-sheet has already been filed. However, the victim has not yet been examined and things will be clear only after her evidence. In the meantime, if the applicant is released on bail, there is likelihood that he may tamper with the 3 prosecution witnesses as has been stated in the reply. It is seen that the applicant had withdrawn the bail application previously filed by him before this Court. Considering the nature of the evidence on record and the nature of the offence, I am of the view that the applicant is not entitled for bail at this stage. Hence, the application is rejected. JUDGE Ambulkar.