1 appa1177.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1177 OF 2010 IN CRIMINAL APPEAL NO.498 OF 2008 Nitin Bhikaji Nikam. ....Applicant. Vs. The State of Maharashtra. ....Respondent. Mr. Balkrishna D. Joshi for applicant. Mr. J.P.Yagnik, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 7, 2010. P.C. 1. Heard Counsel for the Applicant and the learned APP. We have scanned through the relevant evidence. In our opinion, there is force in the argument of the Applicant that there is not even tittle of evidence to indicate complicity of the Applicant in the commission of the alleged offence. The Applicant has been involved only on account of the circumstance that he happened to be driving the rickshaw, in which the main accused had traveled. That by itself is not sufficient. This is one of the rare case where accused himself entered the witness box and stood test of cross-examination. Prima facie, we are in agreement with the criticism of the Applicant that there is no evidence, which 2 appa1177.10 would indicate complicity of the Applicant in the commission of the alleged offence. It is not in dispute that during the trial, the Applicant was granted bail and no untoward incident has been reported against him. In the circumstances, we direct that the Applicant/Accused No.3 be released on bail on the following conditions. (i) The Applicant shall furnish personal bond in the sum of Rs. 15,000/- with one or two solvent sureties in the like amount. (ii)The Applicant shall regularly report to the local police station on first Monday of every English calender month between 10.30 a.m. to 12.30 p.m. (iii)The Applicant shall furnish his latest residential address to the local police station and shall not leave the jurisdiction of Nashik District without prior intimation of 48 hours in writing and also disclose his travel programme and the contact place where he would visit. 3. Application disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)