{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4416 OF 2009 Arvindkumar s/o Ambalal Patel Age-25 years, Occ-Agriculture R/o Kathrai, Tq-Mhaisana, Dist-Mhaisana (Gujrat) APPLICANT VERSUS The State of Maharashtra Through Police Inspector, Nandurbar Police Station RESPONDENT ....... Mr.Amit Mukhedkar, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th January 2010 PER COURT: 1. By this application the applicant has prayed to release him on bail in connection with CR No.49/2009 registered with Nandurbar police station for an offence punishable u/s 394, 395 and 397 r/w 120-B of the IPC and sections 3 and 25 of the Arms Act. 2. Heard learned counsel for the applicant followed by the {2} submissions of learned APP. Perused the papers of investigation carried out till today. 3. It appears that the said offence came to be registered on the complaint of one Shantibhai Patil, who was robbed in a ST bus on the point of knife and revolver by three persons and a cash in the sum of Rs.2,23,000/- was looted. The applicant came to be arrested on 05.11.2009 and since then he is in jail. 4. Learned counsel for applicant has urged two points, firstly, the applicant came to be arrested on the basis of a statement of accomplice that information was provided by the applicant to the persons who have committed the alleged robbery and secondly, the present applicant has not actually participated in the alleged robbery. It is also urged that as the applicant is in jail for more than 60 days, he be released on bail as other accused, against whom similar allegations are leveled, are already released on bail by the court below. 5. While opposing the application it is urged by learned APP that though the evidence against the applicant is of accomplice, yet some cash is also recovered at his instance. Hence, it is urged to reject the application. 6. Considering the rival submissions it is clear that there is no direct evidence of involvement of the applicant in the present {3} crime. Apart from it, the applicant was not a party or has not participated in the alleged robbery and the evidence against the applicant is a statement of accomplice, which is a weak piece of evidence. In the premise and considering the fact that the other accused, against whom similar allegations are leveled, are released on bail, the applicant is entitled to be enlarged on bail. 7. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 15,000/- and on executing PR bond in the like amount. The applicant to report the concerned police station on 1st and 15th of every month till filing of the charge sheet and thereafter may apply for relaxation of this condition to the court of sessions where the trial would proceed. [A.V.POTDAR, J.] drp/A10/criapln4416-09