BA-395-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.395 OF 2011 Gangaram Nathu Gujar ... Applicant V/s. State of Maharashtra, Thru' Rajgad Nasarapur Police Station ... Respondent Mr. K.M. Irani for the Applicant. Mr. J.P. Kharge, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 15 TH JULY, 2011. P.C. : 1. Heard. 2. With the assistance of the learned Advocate for the Applicant and the learned APP for the Respondent, I have glanced through the entire Charge-Sheet. 3. The Applicant and eight others are the accused in C.R. No.155 of 2010 registered at Rajgad (Nasarapur) Police Station, Pune. The allegation against them is that they murdered one Dnyaneshwar Jayakar - brother of the First Informant-Maruti Jayakar. The case was registered against the Applicant and others on the basis of the suspicion felt by the First Informant that the Applicant and others must have murdered the said Dnyaneshwar. Some motive for murdering the said Dnyaneshwar has been attributed to the Applicant and it gets BA-395-11.sxw 2 Dixit some support from the statements recorded during investigation. However, it may be observed that even the reasons for the Applicant, allegedly, entertaining a grudge against the said Dnyaneshwar given by different persons, as are reflected from their respective statements, are not uniform. 4. Except the alleged motive, the only material against the Applicant is that he was found in the company of some of the other accused, and that they were having some confidential or secret discussion, and that they were talking about 'murder'. 5. The Applicant is in custody since 7th October, 2010. The trial has not yet commenced. One previous case in respect of an offence punishable under Section 325 of the IPC, registered in the year 2000 at Bhor Police Station, is said to have been registered against the Applicant. However, the learned APP submits that there is no information as to whether the said case is still pending. 6. In any case, considering the nature of the material that is available against the Applicant, that the Applicant is in custody since 7th October, 2010, and that the trial has not yet commenced, I am inclined to release him on bail. 7. The Bail Application is allowed. 8. The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in like amount. [A.M. THIPSAY, J.]