BA-531-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.531 OF 2011 Kalpesh Kantilal Makwana & Anr. ... Applicants V/s. State of Maharashtra, Thru' Nalasopara Police Station ... Respondent Mr. A.P. Mundargi, Sr. Advocate, i/b. Ms. Swapna Kode, for the Applicants. Mrs. R.V. Newton, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 25 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the Bail Application and the annexures thereto. 3. In the First Information Report, the First Informant, who is not an eye witness to the incident of assault, did not express suspicion against the present Applicants. He expressed suspicion only against one Shahanu Verghese and one Vicky Chavan (Accused Nos.1 and 2 respectively). It appears that, in the course of investigation, the involvement of the present Applicants was BA-531-11.sxw 2 Dixit revealed. There are statements of some persons who had seen that, immediately before his death, the deceased was having fight with five to six persons. However, the identity of the Applicants as two of those, who were having fight with the deceased, is not established. In fact, the basis of filing a Charge-Sheet against the Applicants seems to be the statements made by the co-accused before the Police. 4. The Applicants are in custody since November, 2010. 5. Considering the nature of material on the basis of which the Applicants have been implicated, I am inclined to release them on bail. 6. The Bail Application is allowed. 7. The Applicants are ordered to be released on bail in the sum of Rs.50,000/- each, with one surety in like amount. [A.M. THIPSAY, J.]