1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 3181/2009 ( Murlidhar Sitaram Wange .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. J.Y. Ghurde, Advocate for Applicant Mr. A.D. Sonak, APP for Respondent. .... CORAM : P.D. KODE, J. DATED : NOVEMBER 18, 2009 Heard. By the present application, the applicant/accused charge sheeted by Police Station Chandur Bazar in connection with Crime No. 138/2009 registered on 16.6.2009 for commission of offences punishable under Sections 354, 377, 376 read with Section 511 of the IPC has prayed for bail. After considering the statement of mother of victim girl and the same not disclosing any other act allegedly committed by the applicant other than allegedly putting his finger in the private part of minor victim girl of aged about 4 ½ years, making the victim girl to put her hand upon the private part of the accused, the submission of the learned counsel for the applicant that even in the event of accepting commission of such an act by applicant, still he cannot be said to have committed an offence punishable with death or imprisonment for life, cannot be said to be all together 2 devoid of merit. Having regard to the same and having regard to further submission made by the learned counsel for the applicant that applicant is a married person having children and is ready to reside outside the village in which the victim girl and the other prosecution witnesses reside, the prayer for bail will deserve consideration in spite of the same being vehemently opposed by the learned APP mainly on the count of there being likelihood of prosecution evidence getting tampered. In the aforesaid premises, the applicant is directed to be released on bail on furnishing a P.R. Bond in a sum of Rs.30,000/- with two sureties in like amount and subject to the conditions that applicant (i) until completion of trial , he shall not enter within the limits of village Brahmanwada (Thadi) at which the victim and the other prosecution witnesses are residing; save except obtaining permission from the Court, (ii) shall not indulge in any act of tampering prosecution evidence ,(iii) shall inform his residential address at which he would be residing and shall not change the same without prior permission from the trial Court and (iv) not commit any offence while being on bail. Hamdast granted. JUDGE halwai