{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.07 OF 2010 Tulshiram s/o Tikaram Komatwar Age-60 years, Occ-Labour R/o Dhangar Takali, Tq-Purna Dist-Parbhani APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Kadim Police Station Jalna RESPONDENT WITH CRIMINAL APPLICATION NO.139 OF 2010 Girijappa s/o Ganapati Nandane Age-40 years, Occ-Labour R/o Malegaon, Tq-Loha Dist-Nanded APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Kadim Police Station Jalna RESPONDENT ....... Mr.D.K.Kulkarni, Advocate for applicants Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 19th January 2010 {2} PER COURT: 1. By the present applications, the applicants have approached this Court for their release on bail in connection with CR No.217/2009 registered with Kadim, Jalna police station for an offence punishable u/s 363,366-A r/w 34 of the IPC. 2. Heard learned counsel for the applicants, followed by the submissions of learned APP. Perused the papers of investigation carried out till today. 3. It appears that the said offence came to be registered on the complaint of one Ashok Jadhav alleging that he received information from some villagers that on 22.11.2009 at about 5.30 a.m. his daughter Rushali is kidnapped by one Pandurang Kachre. Statements of the villagers, who had given the said information to the complainant are recorded, however they do not disclose names of the present applicants. The complaint further revels that daughter of the complainant and said Pandurang had been to the house of applicant Girijappa where they stayed for some time and subsequently they went to the house of applicant Tulshiram, who is maternal uncle of said Pandurang. The applicants are arrested on 30.11.2009 and since then they are in jail. 4. Considering the rival submissions and perusal of {3} investigation papers, it appears that since the arrest of the applicants, no evidence is collected against the applicants to show their involvement in the offence of instigation or abatement. Other than the statements of accused, no statement of other independent witnesses is recorded. Statement of the accused cannot be used as evidence against him during the trial or inquiry. Rushali and Pandurang are yet to be traced. The evidence collected against the applicants, is not sufficient to hold that they have abated or instigated the main accused for commission of the offence. Considering the period the applicants are behind the bars, case is made out to enlarge them on bail. 5. In the result, both the applications are allowed. The applicants be released on bail on their furnishing surety in the sum of Rs.10,000/- each and on executing PR bonds in the like amount. The applicants to give attendance in Kadim Jalna Police Station as and when required by the concerned IO on written requisition. [A.V.POTDAR, J.] drp/A10/criapln7-10