BA-1213-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1213 OF 2011 Shreyas @ Babloo Dinkar Kasare ... Applicant V/s. The State of Maharashtra, Thru’ Bhayandar Police Station ... Respondent Mr. Rahul Arote for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 3 RD AUGUST, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. The contention that there exists no prima facie case against the Applicant cannot be accepted at this stage. However, what is significant is that the co- accused, who had actually kidnapped the victim, have already been released on bail by the Court of Sessions. It appears that the learned Additional Sessions Judge was of the view that the said accused had been wrongfully detained for some time by the Investigating Agency and that, therefore, they were entitled to be released on bail. 4. Mr. Arote, the learned Advocate for the Applicant, submits before me that, so far as the present Application is concerned, the Applicant had made an BA-1213-11.sxw 2 Dixit application for bail before the Court of Sessions, but that the same was withdrawn by the Applicant, as the learned Additional Sessions Judge was of the view that the Bail Application could not be entertained by him till the case would be committed to the Court of Sessions. Obviously, the Court of Sessions could not have refused to entertain the Bail Application on such a ground and, therefore, it is not possible to accept what Mr. Arote submits. 5. In any case, the Applicant is in custody since 12th April, 2010. Investigation is over and charge-sheet has been filed. The role of the Applicant in the matter is, apparently, lesser than the other two accused, who have been released on bail. No harm was caused to the victim. Most of the amount, which was earned by the co-accused by committing the alleged offence, has been recovered. 6. The Applicant is stated to be of 19 years with no past criminal record. 7. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 8. The Bail Application is allowed. 9. The Applicant is ordered to be released on bail in the sum of Rs.25,000/-, with one surety in like amount. [A.M. THIPSAY, J.]