1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.3515 /2009 [Bhageshwar Gandeo Lende vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr.R M Daga Adv.for applicant/s Mr C N Adgokar, APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 6, 2010. Heard. By this application, the applicant prays for grant of bail in connection with Crime No.58/ 2009 reported at Kuhi Police Station Dist. Nagpur for offence punishable under sections 304, 306, 498A IPC. 2. Learned Advocate for the applicant contended that the co-accused (parents of the present applicant as well as brother of the applicant by name Yogeshwar ) are already released on bail, by the learned Additional Sessions Judge, Nagpur; while husband of the alleged victim is in the jail. 3. In support of the bail, the learned Advocate for the applicant contended that soon after the unfortunate incident, the Investigating agency had seized chit which was purportedly in the handwriting of the victim herself, which is part of the charge-sheet in which victim had admitted her mistake of consuming poison along with her children; but at the same time she 2 exonerated the applicant Bhageshwar in an unambiguous terms.................................................................................. “......................................................................................” Thus, learned Advocate for the applicant prays for grant of bail on the ground that chances of conviction of the applicant in the crime, are remote. 4. Learned APP opposed grant of bail on the ground that the crime is serious and, therefore, the applicant whose name did figured in the FIR in respect of the incident, ought not to be granted bail. However, learned APP found it difficult to contradict the material collected during the investigation in the form of chit purportedly in the handwriting of the deceased, which appears to have prima facie exonerated Bhageshwar, the present applicant, while implicating others. It is also not disputed that the co-accused Yogeshwar as also the parents of the present applicant, as noted supra were already granted benefit of bail. 5. Considering all these circumstances, the applicant is granted conditional bail as under : The applicant be released upon executing PR bond in the sum of Rs. 25,000/- with one or more sureties in the equal amount, provided further that the applicant shall attend on each date of hearing in the trial Court; shall not tamper with the prosecution evidence in any manner; and shall communicate his fixed/permanent address with cell/telephone number to the I.O. and shall not commit any crime while on bail. The 3 Application is allowed accordingly. JUDGE sahare