1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1461 of 2010 Abdul Rashid @ Langda S/o Shaikh Usman ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Nagpuri Gate, Amravati. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R.M.Daga, Advocate for the applicant. Mr. S.M.Bhagde, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 30 th September , 2010 . Heard. This application has been filed by the applicant for grant of bail in Crime No. 88/2009, registered at Police Station, Nagpuri Gate, Amravati for the offences under Section 143, 147, 148, 302, 307, 506-B R/w Section 149 of I.P.C. and under Section 4 & 5 of Arms act along with Section 13 of Bombay Police Act. Mr. Daga, learned Advocate for the applicant submits that bare perusal of the First Information Report would show that there is no mention of the applicant in the report. The names of the assailants are mentioned at Column no.7 of FIR. In the list of those assailants, the name of the applicant is not mentioned. He submits that it is only in the supplementary statement, which is recorded on the same day of the incident in the evening, of one Shamim Bano, she stated that one Shaikh Raffique @ Tata and Shaikh Rashid @ Langda were having ‘balli’ (wooden rafter) and the victim was assaulted by using the wooden rafter. Learned Advocate submits that except this supplementary statement, there is no material on record involving the applicant in the crime is available with the prosecution agency. The 2 statements of other witnesses also show that the applicant was having wooden rafter, but apart from this, no overt act is attributed to the application. Learned APP opposed the application by filing the reply and expressed apprehension that there is strong possibility of tamperig with the prosecution witnesses. Perused the application and gone through the material placed on record. Learned Advocate for the applicant has invited my attention to the order dated 07/7/2010 in Criminal Application No. 981/2010. A copy of order dated 07/7/2010 is placed on record. It is marked as “X’ for identification. This Court by the said order, allowed the application of applicant/accused Shaikh Rafique. Therefore, on the ground of parity i.e. in view of the fact that Shaikh Rafique is released on bail by this Court, learned Advocate for the applicant submits that the case of the applicant stands on the same footing. It is not in dispute that Shaikh Rafique stands on equal footing with the present applicant/accused. While considering the application of Shaikh Rafique, this court in paragraph 5 of the order dated 7/7/2010 has observed thus :- “5. Applicant cannot be allowed to be in custody for indefinite period, particularly, when the co-accused have been released on bail and allegation against the applicant is more or less same. Hence, I am inclined to grant conditional bail to the applicant.” It is further submitted that the applicant is behind the bar for a period of more than one year. The investigation is concluded by filing the charge sheet. Considering these facts, I am of the opinion that the applicant has made out a prima facie case for grant of bail. In the 3 result, the application is allowed. The applicant be released on bail on his furnishing P.R. bond of Rs.25,000/- with one solvent surety in like amount, on the following conditions. i] The applicant to cooperate with the investigating agency and attend the police station, Nagpuri Gate, Amravati as and when called by the I.O. ii] The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. iii] The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. iv] The applicant shall not leave the area of police station, Nagpuri Gate, Amravati without prior intimation to the I.O. In case the applicant is moving out of the area of police station, Nagpuri Gate, Amravati, he shall inform the police station about his 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. JUDGE Diwale