jpc ba-814-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 814 OF 2011 Akhilesh Krishnachandra Thakur ... Applicant Versus The State of Maharashtra ... Respondent Mr. Sanjeev P. Kadam, i/by Mr. K. M. Mhatre, for the applicant Mrs. R. V. Newton, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 15th July, 2011. P.C. : 1. Heard Mr. Kadam, the learned advocate for the applicant and Mrs. Newton, the learned APP for the State. 2. I have gone through the bail application and the annexures thereto as also the copy of the charge sheet. 3. Undoubtedly, an active role in the alleged incident have been given to present applicant. However, there is substance in the contention advanced by Mr. Kadam, the learned Advocate for the applicant that the role attributed to the applicant by various witnesses is not uniform. Though this variation in the version of different persons whose statements were recorded during the course of investigation, is not indicative of any falsity of the case against the applicant, in as much as, such variations are quite likely to occur in the fights involving a number of persons, witnessed by number of jpc ba-814-11.sxw 2 persons, the fact remains that it would difficult, at this stage, to fix any specific role as played by the applicant in the alleged incident and to allege that it is greater than the role played by the other accused. This is relevant, because all the other accused have already been released on bail. The incident gave rise to a cross case and I am informed that all the 9 accused in the cross case have already been released on bail. 4. In the circumstances, even assuming that the role attributed to the applicant is somewhat graver than that attributed to the other accused in th is case, still, for the purpose of bail, not much distinction can be made between the applicant and other co-accused. 5. A case in respect of offences punishable under Section 324 of The Indian Penal Code is also said to be pending against the applicant. In the circumstances, though I am inclined to release the applicant on bail, I intend to impose certain conditions upon him. 6. The application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs. 40,000/- (Rupees forty thousand) with one surety in like amount on the condition that the applicant shall report to Samtanagar Police station, Kandivali(East), every day between 6 p.m. to 7 p.m. till disposal of the case against him. (A.M. THIPSAY, J.)