1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO.78/2011 (Avinash Madhavrao Borade .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.J. Thakkar, Advocate for applicant, Mr. A.S. Sonare, APP for non-applicant. .......... CORAM : P.D. KODE, J DATED : FEBRUARY 17, 2011 Heard. The reply filed by the prosecution is taken on record. The prayer for bail made by the applicant/accused charge sheeted by Police Station, Buldhana (City) as a result of investigation of Crime No. 210/2010 registered for offence under Sections 307, 498-A r/w 34 of IPC on 28.10.2010 deserves to be accepted, having regard to the circumstances pointed out by the learned counsel for the applicant that investigation is already complete, the injured is out of danger and there is unlikelihood of prosecution evidence getting tampered or repetition of similar crime in view of the applicant is serving in Military and posted at Jalandhar and learned APP being not able to controvert the said statement. The same deserves consideration having regard to the nature of injuries 2 suffered by victim Sushma and learned APP upon query having she is said to be out of danger of any aggravation of same. However, having regard to the fact that the incident has arisen out of strained relationship between the applicant and his wife and the incident having taken place in the school premise, it will be necessary to impose strict conditions to ensure that the liberty granted to the applicant is not abuse by him in any manner. Hence the order : The applicant is directed to be released on bail in connection with Crime No.210/2010 of Police Station, Buldhana (City) upon furnishing P.R. Bond in the sum of Rs.50,000/- with two solvent sureties in the like amount and subject to the conditions that applicant - (i) after his release on bail and in event of the applicant not forthwith resuming at his posting, he shall attend the investigating officer on every day for a period of 15 days and, thereafter, on every Monday; (ii) after his release, the applicant shall not enter within the jurisdiction of Malvihir village and shall not indulge any attempt or come in contact with the victim- wife or any other prosecution witnesses; (iii) after his release, the applicant shall not commit any offence while being on bail; (iv) after his release, the applicant shall intimate his place of posting on time to time to the trial court. The application stands disposed of. JUDGE Gulande