* 1 * BA-1597-2011 9. Dec. 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1597 OF 2011 Mr. Yogesh Gangaram Gawade (presently in judicial custody) ....Applicant/Accused Original accused no.1. V/s. The State of Maharashtra (at the instance of Meghwadi Police Station) ....Respondent Mr. Sujit Pathare, Advocate for the applicant. Ms. A.T. Jhaveri, APP for the respondent-State. CORAM :- SMT. R.P. SONDURBALDOTA, J. 9 DECEMBER, 2011. P.C. : 1. The applicant herein is arrested in C.R. No. 110 of 2011 (Sessions Case No. 635 of 2011) for the offences punishable under Sections 395 Indian Penal Code. 2. It is the prosecution case that on 9th May, 2011 the complainant, an employee of Nice Marketting called the applicant on his mobile and asked him to come to the company’s office for collecting cash amount to be handed over to Mr. Ravi, with whom he was working as delivery person. The applicant reached the office at about 4.15 p.m. to collect * 2 * BA-1597-2011 9. Dec. 2011 the cash. Within minutes of his arrival, three unidentified persons wearing handkerchiefs over their face entered the office and threatened the complaint and the applicant with knife and took away the cash and valuables. The complainant noticed that the applicant neither resisted the robbers nor created any alarm. She therefore suspected that he was involved with them. According to the prosecution, the conduct of applicant indicates that he was the master mind of the dacoity. The Sessions Court rejected the bail application of the applicant on the ground that the first informant being a lady, there is every possibility of tampering with the first informant and there is danger to the life of the first informant. 3. Ms. Ostwal, the learned counsel for the applicant, submits that there is no basis whatsoever indicated for the apprehension expressed. She also points out that it is the case of the prosecution itself that after the robbers left the office, at her instance the complainant had remained in the office until the employer of the complainant came and had accompanied the complainant and the employer to the police station. At no point of time, he tried to run away. These facts are not disputed by the prosecution. In the face of these facts, there can be no real apprehension of the applicant either tampering with the first informant * 3 * BA-1597-2011 9. Dec. 2011 or causing any nuisance to her. Therefore, the applicant need not be detained in custody any longer and can be released on bail. Hence, the application is allowed. The applicant be released in C.R. No. 110 of 2011 (Sessions Case No. 635 of 2011) registered with Meghwadi Police Station on bail in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like amount. The applicant shall attend every date of the trial, without fail. If the applicant fails to remain present on any two consecutive dates, it shall be a ground for cancellation of bail. [SMT. R.P. SONDURBALDOTA, J]