1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3210 of 2009 Suraj v. State of Maharashtra and anr ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.K. Tiwari, Adv for applicant Ms R. Wasnik, APP for State Coram: A.P. Bhangale, J Dated : 14th Oct 2009 1. Heard learned counsel for applicant and learned APP for State. APP. Applicant is seeking bail in Crime No. 80/09 registered with Police Station, Mouda, District Nagpur under Sections 302, 201, 120-B read with Section 34 of the Indian Penal Code. 2. Learned counsel for the applicant contends that applicant has been implicated on mere suspicion and the entire prosecution is based on circumstantial evidence. 3. Learned APP while opposing bail, contends that present applicant is involved in the crime. He states that deceased Ashish Tiwari was taken by a Maruti van belonging to Ashish by accused Durgesh and other accused including present applicant towards Bhowari Siva and there he was brutally murdered. 4. It appears that on the basis of statement of co-accused Durgesh, 2 applicant has been booked and for another reason that he was last seen in the company of accused Durgesh. Even though learned APP contends that blood stained clothes of applicant were seized, learned counsel for applicant contends that no such fact has been stated in the memorandum. Under these circumstances, since there is no material collected during the course of investigation, prima facie, I find that this is a fit case for grant of bail in favour of applicant. 5. Applicant be released on bail in Crime No. 80/09 registered with Police Station, Mouda, District Nagpur under Sections 302, 201, 120- B read with Section 34 of the Indian Penal Code upon his furnishing PR Bond in the sum of Rs. 30,000/- with one or more sureties in the like amount. Applicant shall not tamper with prosecution evidence in any manner. He shall attend trial regularly and shall not commit any crime while on bail. Applicant shall leave his permanent address with telephone/cell phone number, if any, with the Court concerned and shall communicate change therein, if any, in future. Application disposed of. Hamdast. Judge. hsj