1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5543 OF 2009 Yashwant Ramkrishna Singh .. Applicant V/s The State of Maharahtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. R.D. Suryawanshi for the applicant. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 25TH JANUARY 2010 P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No.I-139/2008 registered at Dombivli Police Station, District Thane for an offence punishable under sections 394, 397, 341, 363, 427, 450, 452 read with 34 of the I.P.C. and sections 3 and 25 of the Arms Act.. 2 2. The prosecution case in short is that the applicant was working in a chemical factory belonging to the brother of the complainant. On a tip given by the applicant, four accused (accused nos.1 to 4) committed a dacoity in the house of the complainant. They ransacked the house and went away with a large amount of cash as well as ornaments. 3. The investigation is completed and the charge-sheet has been filed. 4. One of the co-accused, namely accused no.3 – Kalyani Bhojappa Tugave was a part of the gang of four persons, who committed the dacoity, has been released on bail by this Court (Coram: V.M. Kanade, J.) by an order dated 8th December 2009 passed in Criminal Application No.4880 of 2009. Accused no.3, who has been released on bail, was identified in the identification parade. There was no such 3 identification of the applicant. In fact, the applicant was not present at the time of the crime. He has been implicated on the basis of statements given by accused nos.1 to 4 that the tip was given by the present applicant. Though some ornaments were recovered from accused nos.1 to 4, there is no recovery of ornaments from the present applicant. Only cash amount of Rs.14,465/- was recovered from him as against the total theft of more than Rs.7 lakhs alleged to have been committed by the dacoits. There are no identification marks on the currency notes alleged to have been recovered from the applicant. The case of the applicant is therefore not worse than the case of the accused no.3 who has been granted bail by this Court. 2. In the circumstances, the applicant can be granted bail. Hence, I pass the following order: 4 ORDER The applicant be released on bail in connection with C.R. No.I-139/2008 registered at Dombivli Police Station, District Thane on his furnishing personal bond of Rs.20,000/- with two sureties of the like amount, subject to a condition that he shall not tamper with the prosecution evidence. (D.G. KARNIK, J.)