JUDGMENT - J.G. CHITRE, J.:---Heard, Counsel appearing for the applicant submitted that after the applicant knew that he was wanted for criminal prosecution revolving around the provisions of section 302 I.P.C., he surrendered himself before the concerned Police Station and, therefore, he is in custody and praying for bail. She submitted that there is no evidence against this applicant so as to go to trial for bidding conviction against him. Ms. Kantharia brought it to the notice of this Court that this accused gave a statement showing his willingness to lead the Investigating Officers to his house where little nail cutter was kept in a cupboard used for storing grocery articles. 2. While considering the prayer for bail, the Court has to consider the strength of material which the investigating agency has collected for going to the trial against the accused. The Court would not be impressed by the surmises and conjecturers. 3. The little nail cutter is a common use article and it can be stored by anybody in the house. The prosecution cannot achieve the advantage unless it establishes prima facie a nexus between such an article and the crime by which the accused has been indicted. 4. In this case, the prosecution has also collected the evidence to show that this accused was seen in the association of the co-accused and his brother some days prior to the murder of Laxmi @ Jaishree whom the main accused, as per the prosecution case, has murdered along with her two children. As per prosecution case, the main accused created a scene of dacoity and wanted to misguide the police machinery by indicating that his wife Laxmi @ Jaishree was murdered by dacoits while committing dacoity. It is the prosecution case that this applicant assisted the main accused in concealing the evidence of that murder. As the material on record shows, there is no evidence to show his active participation in the alleged act of committing the murder. 5. The fact of absconding would not by itself disentitle the accused to get the bail. It is a matter of experience that on some occasions even innocent persons hide themselves from police on account of fear. 6. Thus, this application is allowed. The applicant stands released on bail on furnishing security of Rs. 25,000/- with one surety and P.R. Bond to that extent.
It is a matter of experience that on some occasions even innocent persons hide themselves from police on account of fear. 6. Thus, this application is allowed. The applicant stands released on bail on furnishing security of Rs. 25,000/- with one surety and P.R. Bond to that extent. He shall not threaten, contact, induce any of the prosecution witnesses. He should attend the Wadgaon Police Station twice in a week on Monday and Friday between 9.00 a.m. to 11.00 a.m. till further orders. The officers of the Police Station should not detain him for more than two hours. 7. Parties to act on an ordinary copy of this order duly authenticated by the Private Secretary. Application allowed. -----