2710appln1557.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1557 of 2010. (Mohd.Nisar Mohd.Jafare and others ..vs.. The State of Mah. Thr.PSO PS Khadan,Akola.) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. C.V.Sakhare, Advocate for the applicant. Mr. Khan, A.P.P. for the State. CORAM : PRASANNA B. VARALE, J. DATED : 27 th October, 2010. 1. Heard learned counsel for the applicant. 2. The learned counsel for the applicant submits that the applicant is roped in the said crime only because of the cross-section and rivalry between two groups. The learned Advocate further submits that there is no material with the Investigating Agency to show the need of custodial interrogation of the applicant. 3. The reply is filed by the State. Learned APP has produced the material collected by the Investigating Agency so far, there is a reference in the complaint lodged by the victim that four persons are involved in the offence of outraging the modesty of the complainant. Further investigation conducted by the Investigating Agency includes the statement of the witnesses wherein witnesses specifically state the presence of the applicant and it is also stated that the applicant was armed 2710appln1557.10.odt 2 with weapon. An apprehension is expressed in the reply that atmosphere is in tense and social harmony is disturbed. It is also stated in the reply that the release of the applicant may cause further disharmony. The prima facie material collected by the Investigating Agency show that the custodial interrogation of the applicant is necessary. The involvement of the applicant is spelt out from the material collected so far. In my opinion, this is not the fit case to grant bail. Hence, the application is rejected. JUDGE chute