BA-612-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.612 OF 2011 Kapildev Chandrabali Dubey ... Applicant V/s. The State of Maharashtra, Thru' Haveli Police Station ... Respondent Ms. Anjali Patil for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 1 ST AUGUST, 2011. P.C. : 1. Heard. 2. The incident of dacoity took place on 22nd March, 2010. The offenders were mentioned as "unknown" by the First Informant and the other witnesses. Though the F.I.R. speaks only about four persons as offenders, in the course of investigation, the Police arrested five persons. The Applicant is one of them. The Applicant was arrested on 20th September, 2010. Admittedly, he was not placed in any test identification parade. No part of the robbed property has been recovered at his instance. What has been recovered at his instance is one stick, allegedly, used in the commission of the dacoity. It was on 21st September, 2010, that is after about six months from the incident, from an open place. BA-612-11.sxw 2 Dixit 3. The Applicant is in custody since last about one year. 4. Considering the nature of material that is available against the Applicant, I think it fit to release him on bail. 5. The Bail Application is allowed. 6. The Applicant is ordered to be released on bail in the sum of Rs.5,000/-, with one surety in like amount. [A.M. THIPSAY, J.]