IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO.771/2009 . ( Baban Chauhan & others ..vs.. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- CORAM : S.R.DONGAONKAR, J. DATE : 8 th May, 2009 Heard Shri Kothari, advocate for applicants and Shri Thakre APP for state. By this application, the applicants are claiming bail under section 439 of Cr.P.C. Admittedly vide reply, there is no direct evidence against the applicants. Statement of Gopal Rathod the brother of the deceased is pressed into service, he has stated that on the night of incident, when brother Gorakhnath was brought to house, he was saying that he was beaten by five persons, whose names are mentioned (including the applicants). Still the report seems to have been lodged on 16.10.2008 which does not disclose the name of the applicants. Learned APP further objected to the bail application saying that the mobile of the deceased was discovered at the instance of the aunt of the applicant. The evidence in that regard is shaky. Learned APP has referred to the report lodged by accused Jindal in respect of the incident, that also does not implicate the applicant clearly. In all it seems case of grave suspicion against the applicants, hence the they would be entitled for bail. Each of the applicants be released on bail, on furnishing surety and PRB of Rs.25000/-, subject to conditions that they shall report P.S. Manora, on every Sunday, until further orders and shall not directly or indirectly tamper with the prosecution evidence. Bail in lower court. It is made clear that the observations made above are in prima facie view of the matter and they shall not influence the learned trial Judge while deciding anything on merits. Application stands disposed of. JUDGE smp