{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4444 OF 2009 1. Vijay s/o Ramkrishna Batule Age-22 years, Occ-Student R/o Police Lane, Pathardi, Dist-Ahmednagar 2. Sandeep s/o Laxman Batule Age-19 years, Occ-Student R/o Prabhu Wadgaon, Tq-Shevgaon, Dist-Ahmednagar APPLICANTS VERSUS The State of Maharashtra Through Police Station Rural, Beed RESPONDENT ....... Mr.Joydeep Chatterjee, h/f P.R.Nangre, Advocate for applicants Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th January 2010 PER COURT: 1. By this application, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with CR No.104/2009 registered with Beed Rural police station. For an offence punishable u/s 395 and 397 of {2} the Indian Penal Code. 2. Heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation carried out till today. 3. It appears that the said offence is registered on the complaint of one Dada Galave, driver of the truck bearing No.MH-20/E-7485 against four unknown persons in respect of the robbery of the truck. It appears that in connection with the said offence one Vijay Batule came to be arrested and it is alleged the iron rods, stored in the court yard of applicant No.1 are ceased on 16.11.2009 at the instance of said Vijay Batule. 4. It is urged by the learned counsel for the applicants that other than statement of accomplice, there is nothing against the applicants. It is also contended that though the incident occurred in September 2009, yet he alleged seizure is after two months. In the premise, considering the evidence collected till today, prima faice, it cannot safely be inferred that the evidence is sufficient to link the applicants with the alleged offence. Without criticizing the method and manner of investigation carried out, it is to be stated that the only evidence against the applicants is statement of accomplice. In the premise, case is made out to enlarge the applicants on anticipatory bail. {3} 5. In the result, the application is allowed. In the event of arrest of the applicants in connection with CR No.104/2009, the applicants be released on bail on their furnishing surety in the sum of Rs.20,000/- each and on executing PR bonds in the like amount. This protection is granted till filing of the charge sheet. After filing of the charge sheet the applicants may apply for regular bail. The applicants are directed to attend the Beed Rural police station, if required by the IO, on written requisition. [A.V.POTDAR, J.] drp/A10/criapln4444-09