(1) CR.APP. 1648.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1648 OF 2009 Awdhoot @ Audumbar S/o Shankar Kshirsagar, Age 27 years, Occu.: Agri. R/o Aljapur, Tq. Barshi, Dist. Solapur .. Applicant Versus The State of Maharashtra, Through Police Station, Osmanabad (Rural), Dist. Osmanabad (Copy to be served on P.P. High Court of Bombay, at Aurangabad) .. Respondent Mr. Sudarshan J. Salunke, Advocate for the Applicant Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 1ST JULY, 2009 ORAL ORDER:- 1] The applicant is seeking bail in crime no. 115 of 2008 dated 12.12.2008 registered with Osmanabad Rural Police Station. The offences alleged against him are punishable under section 302, 301, 120B r/w. 34 of the Indian Penal Code. (2) CR.APP. 1648.2009 2] On 12.12.2008. The first informant Ramrao intimated to the Police that he had noticed dead body of an unknown person lying in a ditch near his agriculture field. The Police registered offence. The applicant was arrested. It is alleged that the applicant had grudge against the deceased because he suspected that the deceased had illicit relations with his aunt. On 6.12.2008, witness Anusaya said, the applicant came to her tea stall at about 4:00 pm and enquired about the deceased. She also added that a few minutes earlier the deceased had also come to her tea stall and had left. The second prosecution witness Datta said that he was a Waiter in a restaurant. He said on 6.12.2008, at about 6:30 pm, the applicant came to his restaurant alongwith one unknown person. He said they consumed beer etc. and then left. The third witness Vinod, a readymade clothes shopkeeper said that he knew the applicant Awdhoot since prior to the incident. He said at about 12.00 midnight on 6.12.2008 Awdhoot and one unknown person came to his house and asked him to open his shop so that they would purchase new clothes. Vinod arranged to supply him new clothes during the night between 6th and 7th December, 2008. 3] The material, in my view, is not sufficient to connect the applicant with the death of the deceased Vishwambhar. Witness Datta, the Waiter in the restaurant did not know the applicant since (3) CR.APP. 1648.2009 prior to the incident. He did not get an opportunity to identify the applicant in a properly arranged identification parade. He was shown the applicant, while he was in Police custody. Datta identified him while he was in the Police custody. Datta did not know the deceased either. Datta did not say that the deceased was in the company of the applicant when they had been to his restaurant. The statement of Datta is not sufficient to connect the applicant to this case, as Datta's statement cannot be relied upon for assuming that the deceased was last seen with the applicant. The case against the applicant is not strong enough to deny him the bail. 4] The applicant is released on bail of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount. The applicant shall not enter the village Aljapur, Tq. Barshi, Dist. Solapur until the disposal of the Sessions case. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/1july9/cr1648.09