1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1580 of 2010 Manoj @ Vakil Sahebsingh Pathak ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Civil Lines, Akola Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. P.A.Rajurkar, Advocate for the applicant. Mr. J.B.Jaiswal, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 22 th Octo ber , 2010 . Heard. This is an application filed by the applicant for grant of regular bail in Crime No. 133/2010, registered with Police Station, Civil Lines, Akola for the offences punishable under Sections 376, 363, 366-A, 368, 372, 366 r/w Sec.34 of Indian Penal Code. In the report lodged by the complainant one Arjun Telgote, the father of victim, has alleged that prior to 15 days, his youngest daughter/victim namely Ku. Manda, aged about 14 years, had gone with one Chhayabai and Chopdebai for catering work, however, his daughter did not come home. When he contacted his daughter over phone, she told him that Chhaya had taken her to Mathura and other places and then sold her to third person. During interrogation, it is revealed that these two lady accused persons handed over the victim Ku. Manda to the present applicant. The victim also stated in her statement that the applicant forcibly performed her marriage with one Viro Sharma and received an amount of Rs.40,000/-. Learned Advocate for the applicant has submitted that there is no material on record to connect the applicant with the said crime 2 and the applicant is involved in a false case. Learned Advocate further submitted that there are no allegation against the applicant that he has sexually exploited the victim girl. Therefore, learned Advocate has prayed for grant of bail to the applicant. Learned APP has filed reply and strongly opposed the application. Learned APP has also produced before the Court the material collected during the investigation. Learned APP submitted that the offences are serious in nature and there is enough material against the applicant showing his involvement in the crime. Learned APP also expressed apprehension that if the applicant is released on bail, he may tamper with the prosecution evidence and he will not be available for trial, which will ultimately hamper the result of the trial. He, therefore, prayed for rejection of the application. Perused the reply and record produced before the Court. Perusal of the record reveals that there is prima facie material available on record to show involvement of the applicant in the present crime. In addition to this, the applicant is from the State of Uttar Pradesh and the apprehension expressed by APP that if the applicant is released on bail, he will not be available for trial, is justified. Therefore, it is not a fit case to grant bail to the applicant. In view of the material available on record, I am of the opinion that the applicant has not made out any case for grant of bail. In the result, the application is rejected and disposed of as such. JUDGE Diwale