1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3377 OF 2010 Subhash Tirsing Patil ...Applicant Versus The State of Maharashtra ...Respondent ..... Shri Vijay Sharma, Advocate for the applicant Shri N.H. Borade, A.G.P. for respondent ..... CORAM: S. S. SHINDE, J. DATED: 16th September, 2010 PER COURT: 1. This is an application filed for regular bail in connection with Crime No.202/2010, registered with Parola Police Station for the offences punishable under Sections 306, 376, 313, 201, 504, 506 read with Section 34 of the Indian Penal Code. 2. The learned counsel appearing for the applicant has invited my attention to the contents of the F.I.R. and submitted that, even if the allegations in the F.I.R. are taken as it is, the alleged offence against the applicant would fall under Sections 504 and 506 of 2 the Indian Penal Code. Learned counsel further submits that, the present applicant has nothing to do with the offence under Sections 376 and 306 of the Indian Penal Code. He further submits that, the applicant is Sarpanch of the village and respectable person, and even if the allegations in the F.I.R. are taken as it is, he had given fair advise in the interest of victim for abortion. The learned counsel further submitted that the applicant/ accused is in jail from 8.7.2010 and he is also suffering from some ailment, and to that effect, necesary certificate from Civil Hospital, Jalgaon is tendered for perusal. The learned counsel also invited my attention to the grounds taken in the application and contended that, looking to the allegations in the F.I.R., the applicant deserves to be released on regular bail. 3. On the other hand, learned A.P.P. submitted that the allegations which are in the F.I.R. are supported by the witness namely Namdeo Gaikwad. In his statement, he has stated about the role of the applicant. He further submits that, the applicant was instrumental in causing disappearance of evidence. The learned A.P.P. further submitted that the trial Court has rightly rjected the application for regular bail, investigation is in progress and yet charge sheet is to be filed. Therefore, he prays that the bail application may be rejected. 4. We have heard the counsel appearing for the applicant and learned A.P.P. at length. It is not in dispute that charge sheet is 3 not yet filed. Taking into consideration the allegations in the F.I.R. in its entirety, the offences alleged in the F.I.R. are under Sections 376, 306 and other Sections of the Indian Penal Code. The learned counsel for the applicant may be right in contending about the minimal role of the applicant. However, it is to be kept in mind that, investigation is in progress. it is also not in dispute that the victim girl has subsequently committed suicide. Looking to the seriousness of the offence, at this stage, it is not possible to analyse the evidnece and come to any definite conclusion that the applicant was not involved in the alleged offence. The trial Court in paragraph No.4 of the order has assigned the reasons for rejecting the application for regular bail. Taking into consideration the allegations in the F.I.R. and the F.I.R. in its entirety, no case is made out for regular bail. Application for regular bail is rejected. Needless to mention that applicant will be entiled to apply for regular bail after charge sheet is filed. ( S. S. SHINDE. J.) fmp/cri3377.10