1 Cri-A-5649-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5649 OF 2010 Mr. Raju Fulenalal Chauhan @ Rajupatia @ Terenam ... Applicant (Orig. accused No.5) Vs. State of Maharashtra ... Respondent Mr.Yogesh Rawool, i/b. S.S.Redekar, Advocate, for the applicant. Ms. A.T.Javeri, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 21st January, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.234/2010 registered by the Manikpur Police Station for the offences under Sections 399, 402 of IPC and under Section 3 read with Sec. 25(1)(c) of the Arms Act. 2. Prosecution case, in brief is that on the basis of the information, police raided a place and found four persons, who had made preparations to commit dacoity. Their companions had run away. Four accused persons, who were arrested, informed that their companion, who had escaped, was Raju Patiya @ Terenam, resident of Vasai (E). The present applicant contends that he is not Raju Patiya nor he is known as "Terenam". His name is Raju son of Fulenalal 2 Cri-A-5649-10.sxw Chauhan and for this purpose he has produced the PAN Card with photograph as well as a tax receipt from the Grampanchayat issued in the name of Fulenalal Chauhan. Firstly there is a dispute about identity of the person who had escaped and secondly, the prosecution case against the present applicant is based only on the statement of co-accused. No other evidence is available. 3. Therefore, the applicant be released on his executing P.R. of Rs. 5,000/- with a surety in the like amount. (J.H.BHATIA,J.)