1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2024/2010 (Ramchandra Homaji Durge .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. P.S. Tiwari, Advocate for applicant, Mrs. B.P. Maldhure, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 19, 2011 Heard. The prayer for regular bail in connection with Crime No.177/2010 for offence punishable under Sections 363, 366, 376 of the Indian Penal Code r/w Section 57 of Child Act is vehemently opposed by the learned APP on the count of the involvement of the applicant being borne by the material collected during the course of investigation. It is urged that in event of the applicant released on regular bail, there is likelihood of tampering the prosecution evidence. The perusal of the material collected during the course of investigation prima facie reveals that the victim girl has left the house and some sort of marriage was performed in the temple and both of them thereafter had lived for a period of six months at various places. It appears that the applicant was already married and, thereafter, the dispute has arisen and the 2 complaint has been lodged after a period of six months. The prosecution is based mainly upon the contention of the victim being below age of 16 years. In aforesaid facts and circumstances of the case, the prayer for regular bail will deserve credence as the other apprehension expressed by the prosecution can be taken care of by imposing suitable conditions. The applicant is directed to be released on bail in aforesaid crime upon furnishing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in like amount and subject to the conditions that applicant - (i) shall attend said Police Station in connection with the investigation of the said crime as and when called by the I.O.; (ii) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation levelled against him so as to dissuade him from disclosing such facts to the Police Officer; (iii) shall stay out of Kalmeshwar Tahsil until further order and file an affidavit regarding his new place and also to give mobile number and shall not leave the same without the permission of the trial court, (iv) shall not indulge in any activity of tampering prosecution evidence, (v) shall not commit any offence while on bail. The application stands disposed of. JUDGE Gulande