2510appln1581.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1581 of 2010. (Bandu Namdeo Bhonge ..vs.. State of Mah.,P.S.O.Manora) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. R.S.Kurekar Adv for the applicant. Mr. M.J.Khan, A.P.P. for the respondent-State. CORAM : PRASANNA B. VARALE, J. DATED : 25 th October, 2010. 1. Heard Mr.Kurekar, learned counsel for the applicant. He submits that the applicant is falsely involved in the matter. He has invited my attention to the FIR lodged at Police Station, Manora, Distt.Washim on 29/4/2010 in Crime No.40 of 2010. He further submits that even bare perusal of the report would show that the role attributed to the applicant is only in respect of giving threats and this incident of giving threats had taken place 3 to 4 months prior to the incident in question. 2. The reply is filed by the State. The perusal of the reply show that apart from the incident of giving threats, there is no material collected by the Investigating Agency against the applicant. It is also not the case of the Investigating Agency that the applicant had any intimacy with accused no.1 or he has used any weapon or he has participated in the commission of crime or any role is attributed to the applicant. 2510appln1581.10.odt 2 The learned Additional Public Prosecutor submits that the applicant is resident of village Kondai and he may not be available for Investigating Agency for the investigation. 3. In view of the reply and the material collected by the Investigating Agency, prima facie case is made out to grant bail, as there is no material except of giving threats. The apprehension expressed by the learned Additional Public Prosecutor is taken care of by imposing certain conditions on the applicant. In the result, the application is allowed. The applicant be released on bail on furnishing P.R. bond of Rs.25000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount, on the following conditions. a) The applicant to cooperate with the Investigating Agency and attend the Police Station, Manora, Distt.Washim on every 1st and 3rd Sunday between 9.00 a.m. and 12.00 noon, for two months. (b) The applicant shall not tamper with the prosecution evidence nor commit any act such as contacting the prosecution witnesses or pressurizing them. (c) The applicant to submit his residential address and his contact numbers; such as phone/mobile numbers to the investigating Agency. (d) In case the applicant is moving out of the area of Police Station, Manora, he shall inform the police station about his 2510appln1581.10.odt 3 visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE chute