1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3241 OF 2010 Pramod s/o. Bapurao Bhavre, Age 25 yrs., Occu. Agri., R/o. Bondgavan, Tq. Mahur, Dist. Nanded. ....Applicant. Versus State of Maharashtra Through Police Inspector Police Station Shivajinagar, Nanded, Dist. Nanded. ....Respondent. Mr. N.L. Jadhav h/f. Shri S.N. Jadhav, Advocate for applicant. Mr. N.H. Borade, A.P.P. for respondent. CORAM: V. R. KINGAONKAR, J. DATED: 26th August, 2010. PER COURT : 1. This is an application for bail under section 439 of Cr.P.C. 2. The applicant is arrested in connection with Crime No. 18/2010 registered at Shivaji Nagar Police Station, Nanded, and is also charge- sheeted as a result of investigation, for offence punishable under sections 302, 363 and 364 read with section 34 of I.P. Code. 2 3. Briefly stated the prosecution case is that in the night of January 19, 2010 one Milind alias Munna was abducted by brother of the applicant, namely Vilas Bhavre with the help of three friends. He was subsequently found to have been killed by slitting the neck. His dead body was buried in an agricultural land. 4. The prosecution alleges that the present applicant was one of the co-conspirator and had participated in the alleged kidnapping and murder of deceased Milind alias Munna. 5. Heard learned counsel for the applicant and learned A.P.P. for State. 6. It appears from the investigation papers that the information was given by father of the deceased Milind alias Munna on the next day i.e. 20th of January 2010, to the P. S. O., Shivaji Nagar Police Station. He clearly named Vilas Bhavre and his 2/3 friends who had allegedly taken away deceased Milind alias Munna from near flour mill in the earlier night hours. The police noticed that an Omni van was used while abducting deceased Milind alias Munna in the relevant night. The police could locate one eye witness to the incident namely, Kunal Kamble. His statement was recorded on the very same day i.e. on 20th January 2010. His statement prima facie shows that he was standing nearby deceased Milind alias Munna when the Omni car vehicle of Vilas Bhavre came 3 near the place. He noticed that three persons were sitting in the Omni car vehicle. They had tied kerchief around their mouths. It appears that though Kunal Kamble was knowing the present applicant, yet he did not name the applicant in his first statement. 6. Perusal of the police statement of Sachin Sagane reveals that deceased Milind alias Munna was accompanied by three persons in the relevant evening. He too does not name the applicant as a person who had participated in the alleged act of abduction. 7. What transpires from the investigation papers is that the applicant is charge-sheeted on the basis of alleged confessional statement of co-accused by name Vilas and on the basis of certain recoveries made from him. No blood stained weapon was recovered from the applicant. There was no identification pared held. It is obvious that prima facie involvement of the applicant is not made out from the investigation papers. In this view of the matter, the applicant deserves liberty. 8. In the result, the application is allowed. The applicant be released on bail on furnishing P.B and S.B. in the sum of Rs. 25,000/- (Rs. twenty five thousand) to the satisfaction of the Court of Sessions. The applicant also shall given an undertaking to the effect that he will not leave jurisdiction of Nanded District till the criminal trial is over and that he 4 will not contact any of the prosecution witness and will not try to tamper with the prosecution evidence. He will not abscond from the place of residence and will report his presence at Shivaji Nagar Police Station, Nanded, on each Monday and Friday between 6.00 p.m. to 10.00 p.m. Application is accordingly disposed of. [ V. R. KINGAONKAR, J.] ssc/ca3241.10