1 Cri.A.2579.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2579 OF 2011 Avinas S/o Prakash Paikrao, Age : 19 Years, Occup.: Labour, Shepherd. R/o Wakodi, Tq. Kalmnuri, Dist.: Hingoli. ...APPLICANT. VERSUS 1) The State of Maharashtra, ...RESPONDENT. ... Shri.A.B.Dhongade,Advocate for Applicant. Shri.N.H.Borade, A.P.P. for Respondent. ... CORAM: T.V.NALAWADE, J. DATE : 18TH JULY, 2011. PER COURT : 1. This application is filed for bail, in Crime No.16 of 2011, registered with Kalamnuri Police Station Kalamnuri, District Hingoli, for the offence punishable under sections 302, 376, 366(a) 363 read with section 34 of the Indian Penal Code. Papers of investigation were made available. Both sides are heard. 2. The crime is registered on the basis of report given by father of the deceased. The deceased was aged about 16 years. She was in the 2 Cri.A.2579.11 company of one Panchfula on 05.02.2011. Only Panchfula returned and deceased did not return. In the initial enquiry Panchfula did not disclose anything, but subsequently she disclosed that present applicant and other accused Sandeep had forcibly taken the deceased towards cement pipe. She had also seen that these two persons had pushed the deceased into canal. At the relevant time Panchfulla had rushed to neighbouring field. One lady from the field had seen the applicant and other accused, and they were in hurry. There are statements of many witnesses to whom panchfulla had made disclosure about the incident. Now, Panchfual is made accused in the case and charge-sheet is filed. 3. Advocate for the applicant submitted that there is no evidence whatsoever. Allegations are mainly against other accused. Papers of investigation show that from the pipe some stains were collected for C.A. report. Clothes of applicant are also sent to C.A. The said C.A. report is not with record. In any case, in view of the aforesaid material, this Court holds that it is fit case to grant bail on some conditions. So, application is allowed. (i) In Crime No. 16 of 2011, registered with Kalamnuri Police Station, District Hingoli applicant be released on bail on his furnishing PR and SB 3 Cri.A.2579.11 of Rs. 15,000/-(Rupees Fifteen Thousand) on condition that the applicant shall not tamper with the prosecution witnesses. Sd/- [ T.V.NALAWADE, J.] MTK