FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3534 OF 2011 YOGESH ASHOK BHINGARDIVE VERSUS THE STATE OF MAH ... Advocate for Petitioner(s) : Mr. Jadhavar S.S. APP for Respondent(s): Mr. G.R.Ingole. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ... 1. Perused investigation papers, which were made available for the inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant, seeking Regular bail, in connection with Crime No.I-220/2011, registered at Tofkhana Police Station, Ahmednagar, for the offence punishable under section 395 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by complainant namely Somnath Shekhar Pujari, alleging that on 19.6.2011, when she was travelling from Balikashram Road to Savedi at about 3.45, four FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders persons came on two motor cycle and intercepted the complainant and assaulted him and robbed amount of Rs.4,000/- from his possession. The applicant came to be arrested on 7.7.2011. 4. Learned counsel for the applicant pointed out that name of one Mithun @ Gulab Chabukswar i.e. co-accused has been reflected in the First Information Report but name of the applicant has not been reflected in the First Information Report, and no specific role/overt act has been at attributed to him. However, said Mithun has been released on bail by learned Sessions Court in Criminal Bail Application No.932/2011 on 26.7.2011. But there after although the applicant has preferred application before Sessions Court on 29.7.2011, same came to be rejected on 5.8.2011 and principle of parity was not followed in the said matter. It appears that amount of Rs.700/- was shown to be the recovery from the possession of the applicant. In the context, it is submitted by the learned counsel for the applicant that recovery of Rs.700/- was shown from other co-accused persons, but still bail application of the applicant came to be rejected as aforesaid. FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders 5. It is further submitted that the applicant was identified in T.I. parade however, learned counsel for the applicant canvassed that even other co- accused persons were identified in T.I. parade, but they were enlarged on bail, but not the applicant herein. 6. Considering the facts and circumstances, since the co-accused namely Mithun @ Gulab Chabukswar, whose name has been reflected in the First Information Report and specific role has been attributed to him, in the occurrence of the incident has been enlarged on bail, by the learned Sessions Court, as aforesaid, principle of parity requires that applicant also deserves to be enlarged on bail, since his case stands on the better footing and as no specific role has been attributed to him and his name has not been reflected in the First Information Report. 7. In the result, present application is allowed and applicant Yogesh Ashok Bhingardive be released on bail on furnishing P.R.Bond in the sum of Rs.15,000/- [Rs. fifteen thousand], and one surety in the like amount on the following FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders conditions that :- i) The applicant shall give attendance before the concerned Police Station, once in a quarter i.e. on First Monday of the said quarter, till the disposal of the case ii] The applicant shall not influence upon the witnesses, and/or tamper with the prosecution evidence, directly or indirectly, in any manner, what so ever. 8. Present application/ stands disposed of finally. These observations are the primafacie observations, may not be used in any other matter, being decided on merits. ( SHRIHARI P. DAVARE, J. ) aaa/- ***