IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.863 OF 2008 Subhash Gajbhiye ..vs.. State ============================================= CORAM: S.R. DONGAONKAR, J. DATE: 15.4.2008 Cri Application no.864/2008 Heard Mr. Jaltare, Advocate for applicant. As he states that the applicant is in jail and the application has been drafted as per his say, filing of affidavit is dispensed with. Application stands disposed of. 000 Cri. Application no.863/2008 Heard Mr. Jaltare, Advocate for the applicant and Mr. Parihar, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Applicant and other accused- Anandrao have been charge-sheeted for the offence u/s 302, 201, r/w 34 of IPC in Crime No.124/2007 of P.S. Mouda. The only evidence vide reply of the A.P.P. which appears against the applicant is that of memorandum statement of the other accused Anand. It is submitted by the prosecution that the injured made a statement that accused Anandrao [other accused] had along with unknown person had taken the deceased Vimalbai and him. Deceased Vimalbai was found dead later on. This witness does not seem to have identified the present applicant. It is difficult to say that such type of evidence can be used to implicate the applicant – accused. In these circumstances, applicant would be entitled for bail. He be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution and shall attend the trial regularly. Bail in lower court. It is made clear that the above observations are in prima facie view of the matter and same shall not influence the trial court while deciding the matter on merits. Application stands disposed of. Hamdast granted. JUDGE smp.