1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1924 OF 2010 Dattrao @ Bandu S/o.Vitthalrao Sarje, Age-26 years, Occu-Agriculturist, R/o.Bhayegaon, Tq.Umri, Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through Police Station Akhada Balapur, Tq. Kallamnuri, Dist. Hingoli RESPONDENT WITH CRIMINAL APPLICATION NO.1925 OF 2010 Amol S/o.Narayanrao Patange, Age-20 years, Occu-Agriculturist, R/o.Sneh Nagar, Nanded, Tq. and Dist. Nanded APPLICANT VERSUS The State of Maharashtra, Through Police Station Akhada Balapur, Tq. Kallamnuri, Dist. Hingoli RESPONDENT Mr.V.M.Maney, learned counsel for applicant in both applications. Mr.S.G.Nandedkar, learned APP for State in both applications. CORAM : A.V.POTDAR, J. DATE : 18/06/2010 PER COURT : 1. By both these applications, the applicants have approached this Court for their release on regular bail in connection with CR No. 79/2009, registered in Akhada Balapur Police Station. These applicants and other 7 persons were came to be arrested in 2 connection with this offence on 21/07/2009, in which others were already released on bail. 2. Heard learned counsel for applicant, learned APP for State. Also perused the papers of investigation till carried out. It appears that the dead body of deceased Vishal was found in abandoned condition on the road proceeding towards Dongarkada. Then an offence was registered against two unknown persons. Later on, father of the victim identified the dead body as of his son Vishal. As stated earlier, these 2 applicants alongwith 7 others were arrested on suspicion. Perusal of papers of investigation discloses that the case against these applicants and others rests on circumstantial evidence, as during the investigation statement of one witness was recorded, who is a close relative of deceased. According to him, in the night of 19/07/2009, around 11.00 p.m. he saw the deceased in the company of these two applicants, when he was taking dinner at Ambai Dhaba. The deceased was taken in one omni-car of these two applicants. According to learned APP, the spot panchnama do not indicate any tyre marks of that omni-car near the spot, from where the dead body was found. Secondly, even though the omni-car was recovered at the instance of these applicants, tyres of that omni-car were not examined, to trace out the soil. 3. During the investigation, at the instance of applicant in second application, personal articles of deceased were recovered. Nylon rope is also recovered at the instance of applicant in first application. The 3 articles seized from these applicants were referred for medical examination alongwith blood stained clothes of deceased as well as the clothes found on the person of these applicants, but the report of C.A. is not favourable to the prosecution. 4. During the post mortem, certain human hairs were found in the hand of deceased, which hairs and sample of hairs of these applicants were also sent for DNA test. The report of DNA about matching of hairs found in the hand of deceased and the hairs of these applicants is not in positive. Thus the fact is clear that so far as the report of expert including the DNA test is not favourable to link these applicants with the present crime, and the case is totally rests on circumstantial evidence, in the premise, case is made out to release the applicants on bail, hence order : O R D E R 1. Both these applications are allowed. 2. Both the applicants be released on bail on furnishing surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. 3. After released on bail, applicants not to contact with the prosecution witnesses and also to leave the local jurisdiction of the Akhada Balapur police station, except to attend the court matter. 4, Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1924-10