1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 2377/2009 in CRIMINAL APPLICATION NO:2376/2009 ( Ashok @ Vikky Shankarrao Khobragade vs. State of Maharashtra ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. .......................................................................................................................................................... Mr. R. M. Patwardhan, Advocate for applicant Mrs. S.S. Wandile, APP for Respondent C ORAM : A.P. BHANGALE, J. DATED : 14 th August, 2009. Heard. Filing of certified copy of First Information Report is dispensed with. Application is allowed. CRIMINAL APPLICATION NO: 2376/2009 By means of this application, the applicant is seeking bail in respect of Crime No. 295/2008 reported at Ganeshpeth Police Station, Nagpur for offence punishable under sections 363, 366, 369, 302, 120-B, 201, r/ws. 34 of the Indian Penal Code. It is no doubt true that the accusations are serious but except alleged recovery of clothes, it is contended that there is no other reliable material which can lead to prima facie case against the applicant regarding his involvement in the case. Learned Advocate further pointed out that statement of one Raju Patel has been relied upon, in which it is alleged that he had mentioned the name of the present applicant. However, the learned Advocate contended that said Raju did not identify the applicant during test identification. Thus, except cloth of the applicant bearing Exh. 14 ( a full pant) reportedly having blood-stains, which appear washed out, there is no other evidence so as to prima facie connect the applicant with serious accusation of murder in furtherance of 2 common intention. He also contended that the other co-accused namely, Rajkumar as also Mukesh Ramshankar Shivhare have been granted bail by the Court of Sessions. The learned APP objected the bail application on the ground that alleged recovery of cloth as also on the ground that two criminal cases were reported against the applicant. According to learned Advocate for applicant, those cases were reported against the applicant some time in 2006 and the same are pending. Be that as it may, under these circumstances, since the applicant claiming parity with other co-accused as also because of absence of strong prima facie case involving the applicant in serious accusation, I am inclined to grant bail, with stringent conditions, as follows : The applicant be released on bail in respect of Crime No. 295/2008 reported at Ganeshpeth Police Station, upon executing PR bond in the sum of Rs.30,000/- with one more more sureties in the like amount. Furthermore, the applicant shall attend the trial Court on each date of hearing; shall not commit any crime during the bail, and shall not communicate any witness or witnesses acquainted with the facts of the case and shall inform his fixed address or change in the address with telephone number, if any, to the Investigating Officer. Application is disposed of. Humdast granted. JUDGE. sahare